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Vol 22 No 6 June/July 2017

Book of the Month

Cover of Supperstone, Goudie and Walker: Judicial Review

Supperstone, Goudie and Walker: Judicial Review

Edited by: Helen Fenwick
Price: £267.00

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The Law of Damages in International Sales: The CISG and other International Instruments

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ISBN13: 9781841137421
Published: September 2008
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £110.00



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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.

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Subjects:
International Trade
Contents:
1. INTRODUCTION
1. General
2. The CISG
3. The UPICC
4. The PECL
5. Purposes, scope, and structure of the book
I General Part
2. GENERAL PART OF THE LAW OF DAMAGES
1. Definition and purpose of damages
2. Basis for the right to claim damages
3. Basic measure of damages
4. The idea of limiting damages
3. CATEGORIES OF LOSS
1. General
2. Expenditure wasted as a result of the breach
3. Additional expenditure incurred as a result of the breach
4. Damage to the 'performance interest'
5. Loss caused by the change in the value of currency
6. Damage to reputation and goodwill
7. Loss of profit
8. Loss of a chance
9. Future losses
II Methods of Limiting Damages
4. CAUSATION
1. General
2. Factual and legal causation
3. Multiple sufficient causation
4. Hypothetical alternative causation
5. Intervening cause
6. Causation and calculation
7. Injured party's contribution to the other party's failure to perform
5. FORESEEABILITY
1. General
2. The foreseeability test
3. Foreseeability of what?
4. Time of foreseeability and degree of probability
5. Concluding remarks
6. MITIGATION
1. General
2. Scope of the mitigation rule
3. Reasonable measures
4. Mitigation and events subsequent to the breach
5. The recoverability of costs incurred in mitigating loss
6. Burden of proof
III Proof of Loss and Calculation of Damages
7. STANDARDS OF PROVING LOSS AND DETERMINING THE AMOUNT OF DAMAGES
1. General
2. The standard of 'reasonable certainty'
3. Judicial discretion
4. Standards of proving losses and determining the amount of damages under the CISG
5. Loss of a chance and judicial discretion
8. CALCULATION OF DAMAGES (PART I)
1. General
2. Calculation in case of the avoidance of the contract
3. Non-conforming delivery
4. Delay in delivery
5. Other cases: lost profits
9. CALCULATION OF DAMAGES (PART II)
1. General
2. Anticipatory breach
3. Long-term contracts
4. Currency losses
5. Loss of a chance
6. Damage to business reputation and goodwill
7. Currency of damages