CISG Article 79(4) requires the party who fails to perform to give notice (not necessarily in

writing) of the impediment and its effect on his ability to perform, to the other party,
regardless of whether the impediment is of a permanent or temporary nature. 1 If notice is not
received by the other party within a reasonable time after the party who fails to perform
knows or should have known of the impediment, the non-performing party shall be liable for
damages resulting from such non-receipt.2

The respondents were cautious about notifying the claimants about the accident. The
respondent communicated the accident in an email informing about the nature of the accident
and the eventual delay caused by it. 3This communication is notice under article 79(4) and
therefore the seller fulfilled its obligation.

1
Dionysios P. Flambouras, “The Doctrines of Impossibility of Performance and clausula rebus sic stantibus in
the 1980 Vienna Convention on Contracts for the International Sale of Goods and the Principles of European
Contract Law: A Comparative Analysis”, 13 Pace International Law Review (Fall 2001) 261-293
2
Id
3
Cl. E. 6