If the party entitled to avoid the contract expressly or impliedly confirms the contract after the period of time for giving notice of avoidance has begun to run, avoidance of the contract is excluded.

 

 

COMMENT

This Article lays down the rule according to which the party entitled to avoid the contract may either expressly or impliedly confirm the contract.

For there to be an implied confirmation it is not sufficient, for example, for the party entitled to avoid the contract to bring a claim against the other party based on the latter’s non-performance. A confirmation can only be assumed if the other party acknowledges the claim or if a court action has been successful.

There is also confirmation if the party entitled to avoidance continues to perform the contract without reserving its right to avoid the contract.

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