The law of damages in the international sales : the CISG and other international instruments

This in-depth study explores the remedy of damages in international sales transactions. Its focus is on the international contract law instruments such as the Convention on Contracts for the International Sale of Goods (CISG), the UNIDROIT Principles of International Commercial Contracts, and the Principles of European Contract Law. The issues addressed include: the basis for the right to claim damages â?¢ definition and purpose of damages â?¢ the idea of limiting damages â?¢ principles underlying the award of damages â?¢ classification of losses and heads of recoverable losses â?¢ causation â?¢ foreseeability â?¢ mitigation â?¢ standards of proving losses â?¢ methods of calculating and determining the amount of damages. The book draws on the experience of some major legal systems in dealing with contract damages, as well as on the body of cases and scholarly writings on the international instruments. In doing so, it provides a justification for the existing rules on damages, highlights the problems in their interpretation and application, and proposes solutions to the existing problems in the light of relevant policies and goals pursued by the international instruments. There is no book on the market that deals, in such detail, with damages in the international context. It will be of interest to practitioners involved in international commercial transactions, and scholars and students interested in international commercial and comparative contract law. The book aims to explore the remedy of damages in international sales transactions. Its focus is on the international contract law instruments such as the Convention on Contracts for the International Sale of Goods (CISG), the UNIDROIT Principles of International Commercial Contracts, and the Principles of European Contract Law. The issues addressed in the book include: the basis for the right to claim damages, definition and purpose of damages, the idea of limiting damages, principles underlying the award of damages, classification of losses and heads of recoverable losses, causation, foreseeability, mitigation, standards of proving losses and methods of calculating and determining the amount of damages. The book draws on the experience of some major legal systems in dealing with contract damages as well as on the body of cases and scholarly writings on the international instruments. In doing so, the book attempts to provide a justification for the existing rules on damages, highlights the problems in their interpretation and application, and proposes solutions to the existing problems in the light of relevant policies and goals pursued by the international instruments. The work will be of interest to practitioners involved in international commercial transactions, scholars and students interested in international commercial and comparative contract law. "The book aims to explore the remedy of damages in international sales transactions. Its focus is on the international contract law instruments such as the Convention on Contracts for the International Sale of Goods (CISG), the UNIDROIT Principles of International Commercial Contracts, and the Principles of European Contract Law. The issues addressed in the book include: the basis for the right to claim damages, definition and purpose of damages, the idea of limiting damages, principles underlying the award of damages, classification of losses and heads of recoverable losses, causation. foreseeability, mitigation, standards of proving losses and methods of calculating and determining the amount of damages. The book, draws on the experience of some major legal systems in dealing with contract damages as well as on the body of cases and scholarly writings on the international instruments. In doing so, the book attempts to provide a justification for the existing rules on damages, highlights the problems in their interpretation and application, and proposes solutions to the existing problems in the light of relevant policies and goals pursued by the international instruments"--Book jacket The Law of Damages in International Sales ......Page 2 Preface......Page 8 Contents......Page 10 Table of Cases......Page 12 1 Introduction......Page 30 Part I General Part......Page 44 2 General Part of the Law of Damages......Page 46 3 Categories of Loss......Page 68 Part II Methods of Limiting Damages......Page 106 4 Causation......Page 108 5 Foreseeability......Page 130 6 Mitigation......Page 154 Part III Proof of Loss and Calculation of Dama......Page 180 7 Standards of Proving Loss and Determining the Amount of Damages......Page 182 8 Calculation of Damages (Part I)......Page 200 9 Calculation of Damages (Part II)......Page 258 Bibliography......Page 296 Index......Page 310