The Merchantability Test as a Criteria for Fundamental Breach under Art 25 CISG: Has it Stood the Test of Time and Become a Fundamental Indicator of Fundamental Breach?

This article argues that the merchantability test developed over the past 30 years of transnational CISG interpretation in the evaluation of the application of Art 25 to determine the fundamentalily of a breach should be bolstered as an internationally accepted standard at this point in time.