Wei Mou


The seller’s right to cure in case of a breach is an area of significance in domestic as well as international sales. In resolving conflict between trading parties due to the breach, the seller’s cure of the non-conforming tenders is generally recognized as the most effective and economically sound measure to avoid litigation costs, minimize damages, and time waste, and most importantly, achieve respective contractual purposes of the parties. This thesis will attempt to illustrate significant differences between CISG and U.C.C. as to basic policies governing of contract, remedies available to the buyer in response to the seller’s breach, and the seller’s right to cure the nonconformity. The purpose is to compare strengths and weaknesses of U.C.C and CISG in providing opportunities for cure, and to provide practical considerations in the drafting of international sales contracts and in the choice of law.