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The Law of Damages in International Sales: The CISG and other International Instruments 2nd ed


ISBN13: 9781509922741
Previous Edition ISBN: 9781841137421
Published: February 2021
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £90.00



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The second edition of this internationally acclaimed book explores damages for breach of an international sales contract, one of the most important and frequently invoked remedies. The 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 book draws on the experience of some major legal systems and engages with legal scholarship on the international instruments and on contract damages, providing the most comprehensive, in-depth and thorough examination of damages under the instruments to date. The second edition is updated, reflecting the latest developments in legal thinking on contract damages. It incorporates around 60 new cases and now covers more than 370 cases decided by courts and arbitration tribunals from around the world. The new edition is substantially revised, including new commentary on damages for a documentary breach.

Truly international in spirit, this book is analytically rigorous and practically oriented, offering distinctive analyses of and solutions to some of the most challenging problems surrounding contract damages.

Subjects:
International Trade
Contents:
1. Introduction
1. General
2. The CISG
3. The UPICC
4. The PECL
5. Scope and Structure of the Book
PART 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
10. Damages for a Documentary Breach
PART 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 5
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
PART 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: The Avoidance of the Contract
3. Non-Conforming Goods
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