What was rendered and accepted, and what happens when performance fails, is excused or triggers a remedy.
performance-record-and-acceptance
Performance Record, Measurement and Acceptance
Evidence that a duty was performed, the measured result against agreed criteria, and the counterparty's acceptance or rejection.
Questions
- What evidence shows that a specific obligation was performed, and who produced it?evidence
Expected answer
- Performance record identifier
- Discharged obligation reference
- Evidence artifact reference
- Producing actor
- Against which agreed metric was performance measured, and what value was observed?measurement
Expected answer
- Metric identifier
- Measured value and unit
- Target or threshold
- Measurement method
- Did the counterparty accept, reject or accept with reservations, and within what period?state
Expected answer
- Acceptance state
- Decision timestamp
- Reservation description
- Deemed-acceptance rule
- When did performance actually occur, and when was it recorded in the system?temporal
Expected answer
- Performance event timestamp
- Ingestion or observation timestamp
- Recording actor
Artifacts
- Acceptance Certificate or Performance Evidence RecordThe signed acceptance certificate, service report or equivalent record asserting that a duty was discharged and on what measured basis.
breach-excuse-and-remedy
Non-Performance, Excuse and Remedy
Declared failure to perform, its severity, any excuse such as impediment or hardship, and the remedy elected or agreed.
Questions
- Is the non-performance fundamental, so that avoidance is available, or merely a delay or defect?classification
Expected answer
- Severity assessment code
- Assessment basis
- Affected obligation references
- Is an excuse asserted on grounds of impediment beyond control or of hardship, and with what evidence?exception
Expected answer
- Excuse ground code
- Impediment description
- Notice of impediment reference
- Duration of excuse
- Which remedy has the aggrieved party elected: performance, price reduction, damages, or avoidance?decision
Expected answer
- Remedy kind code
- Election timestamp
- Electing party position
- Preconditions satisfied
- How is the claimed loss quantified, and is it capped or liquidated by an agreed term?measurement
Expected answer
- Claim amount and currency
- Quantification method
- Applicable cap or liquidated sum
- Mitigation assertion
Artifacts
- Breach Declaration and Remedy RecordThe declaration of non-performance, any impediment notice, the remedy election and any settlement of the claim between the parties.
anticipatory-breach-suspension-and-additional-period
Breach, additional time, cure, suspension and anticipatory breach
CISG Article 25 defines fundamental breach as detriment that substantially deprives the other party of what it is entitled to expect, unless the result was not foreseeable. Articles 47 and 63 allow a Nachfrist additional period of reasonable length; during it the fixing party may not resort to inconsistent remedies but keeps damages for delay. Articles 71–72 allow suspension for apparent future non-performance of a substantial part, with immediate notice and a duty to continue if adequate assurance is provided, and avoidance for clear future fundamental breach. Article 73 deals with instalments. LegalRuleML Violation, Suborder, Penalty and Reparation model the deontic consequence of breach. A breach declaration is a party event, not a court judgment; adjudication is a sibling process.
Questions
- Has a party declared a breach, is it fundamental under CISG Article 25, and was the detriment foreseeable to a reasonable person in the same circumstances?classification
Expected answer
- breach_declaration_id
- fundamental_breach_flag
- foreseeability_finding
- linked_obligation_id
- Has an additional period of reasonable length been fixed, what is its end time, and has the non-performing party offered cure that must be allowed to run?temporal
Expected answer
- nachfrist_period
- cure_offer
- inconsistent_remedy_bar
- Has performance been suspended for apparent future non-performance or avoided for clear future fundamental breach, was notice given, and was adequate assurance provided?process
Expected answer
- suspension_notice_time
- anticipatory_flag
- assurance_offered
- avoidance_for_future
- If the contract is an instalment contract, does the breach justify avoidance of one instalment, of future instalments, or of interdependent past deliveries as well?composition
Expected answer
- instalment_scope
- interdependence_finding
Artifacts
- Breach and cure docketDeclared breaches, Nachfrist notices, cure offers, suspension and assurance exchanges, with event times.