Failure of Performance Caused by the Promisee's Act or Omission and It's Effect on Promissor's Liability

In the contract of sale, each party should perform his obligation in delivery of conforming goods and payment of price. Otherwise, he should compensate the loss suffered by the other party. Where the failure to perform the obligations is due to the act or omission of the other party, according to article 80 of UN Convention on International Sale of Goods, the promissor will be exempt from liability. In Iranian law, although there is no express regulation concerning this matter, but under the Rule of Eghdam (Fault against himself), aticle 240 of Civil Code, article 386 of Commercial Code and article 114 of Maritime Law it can be said that the promissor is exempt from liability.