a. Articles 71, 72, and 73 of the CISG deal with the situation where it becomes apparent or clear that one of the parties to an agreement will or may not perform a substantial part of its obligations in terms of the agreement. The object of Article 72 is to provide the innocent party with a remedy in cases where it is clear that the other party will not perform at all or will commit another fundamental breach. This remedy based on the Anglo-American doctrine of anticipatory breach allows the innocent party to avoid the contract when the breach occurs without having to wait until performance becomes due. Whereas Article 72 is aimed at the phenomenon of anticipatory breach of contract (i.e., a breach of contract that takes place before the performance is due by the party in breach), Article 71 has a wider scope in that it deals with both anticipatory breach and incomplete performance. The remedies in Article 71 are aimed at keeping the contract intact, whereas the remedies in Article 72 are aimed at avoiding the contract. Article 73 provides for anticipatory breach in installment contracts. It is for that reason that these Articles contain different requirements for exercising their respective remedies.

b. The PECL is similarly structured in Articles 9:304 and 8:105. Article 9:304 makes provision for a party to terminate the agreement where it is clear that there will be a fundamental non-performance by the other party.