Damages uitder the Convention on Contracts for the International Sale of Goods
This volume presents practical and detailed analysis of the methods used to determine and calculate damages under the United Nations Convention on Contracts for the International Sale of Goods (CISG). Incorporating both worldwide judicial and arbitral decisions, Damages Under the CISG is a unique and comprehensive guide to fully understanding this important area of law. Damages Under the CISG provides authoritative guidance on the differences that exist between uniform international instruments and domestic laws and offers comparative analysis of the calculation of damages under the civil and common law systems. The fault system and causation principle are compared with the foreseeability principle, one of the key considerations under Article 74 of the CISG. Where applicable to understanding damages issues, the UNIDROIT Principles and the Principles of European Contract Law are referenced in depth.
Includes expert analysis of:
· The mitigation principle
· Exemptions, such as force majeure
· The controversial topic of the allocation of attorney's costs
· Fundamental breach or avoidance and its consequences in claiming damages
