391

Jurists in each jurisdiction are aware of the respective problems with one or the other approach to claims for the purchase price. Yet, they place value on different arguments which consequently leads to different results. What “reasonable” sellers will do when the buyer does not pay the price can, therefore, differ depending on the jurisdiction with which the seller is familiar. Sellers from the US will understand that they must resell the goods elsewhere to achieve a favorable result for both parties. German sellers may be inclined to understand reasonable behavior to mean that they should hold the goods for the buyer and insist on their claim for the purchase price. English sellers, in turn, might try to find ways to perform their part of the transaction in order to be entitled to claim the purchase price. If they cannot find a way to perform themselves, sellers will try to resell the goods on the market and claim damages. It is, thus, not possible to conclude that there is one “reasonable” behavior of sellers to resell the goods as soon as reasonably possible and that consequently in practice no problems regarding the purchase price exist. Reasonableness in this regard can only be judged against the contract and the applicable law.