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Regulation of breach of contract can be discussed outside national law only for two set of rules: A coherent model can be found only in the UN Convention on the (International) Sale of Goods (CISG) and in the EC (Consumer) Sales Directive. Both sets of rules deal with the sale of movables, both, however, have been seen by their authors as more general models as well. In German law, this implicit step has been made explicit: With minimal modifications, the Sales Law model is now the model of general contract law. As regards the right to reject performance by the other party this model is discussed for spot contracts like the traditional sales contract and the additional period of time as its core mechanism is compared with the alternative model of the fundamental breach of contract. Then the question is extended and it is asked whether these models can in fact be generalised, i.e. whether they provide adequate solutions also for complex long-term relationships.

Regulating Breach of Contract – The Right to Reject Performance by the Party in Breach