General Measure of Damages under the Full Compensation Principle - Chapter 13 - Remedies in International Sales
About the Author:
Chengwei Liu has practiced as a PRC lawyer in international trade and arbitration, FDI, M & A and IPO since his graduation from Renmin University of China. He has contributed to a CISG comparative review book published by Cambridge University Press and has authored over ten journal articles that have appeared in the Pace Review of the CISG, China Law & Practice, etc.
About the Editor:
Marie Stefanini Newman is the Director of the Pace University School of Law Library and an Associate Professor of Law. She also serves as Database Manager of the Pace website devoted to the United Nations Convention on Contracts for the International Sale of Goods.
Originally from Remedies in International Sales - Hardcover
Remedies in International Sales - PDF
Preview Page from Chapter 13
... rule is simply a direct deduction from the principle pacta sunt servanda, since its only effect is to substitute a pecuniary obligation for the obligation which was promised but not performed. It is therefore natural that the creditor should thereby be given full compensation.
§13.1 General
The basic principle for the recovery of damages is set forth in CISG Art. 74, which “strikes the keynote.” Specifically, CISG Art. 74 states that:
Damages for breach of contract by one party consist of a sum equal to the loss, including loss of profit, suffered by the other party as a consequence of the breach. Such damages may not exceed the loss which the party in breach foresaw or ought to have foreseen at the time of the conclusion of the contract, in the light of the facts and matters of which he then knew or ought to have known, as a possible consequence of the breach of contract.
From the outset, one should note that “Article 74 does not represent a basis for a claim; it regulates the legal consequences arising out of an already existent claim for damages. Article 74 is thus a basic norm for the calculation of damages [emphasis added].”
Section
§13.1 General
§13.2 The Principle of Full Compensation
13.2.1 Adoption of the principle
13.2.2 Basic philosophy
13.2.3 Interests protected
§13.3 Loss of Profit (Consequential Loss)
13.3.1 Recoverability of the loss
13.3.2 Limitations to the recovery
13.3.3 Complicated recovery of the loss
§13.4 Other Recoverable Losses
13.4.1 Reasonable expenditures (incidental loss)
13.4.2 Loss due to changes in money value
13.4.3 Non-pecuniary loss (goodwill)
13.4.4 Future loss
13.4.5 A summary
§13.5 Hypothetical Calculation under CISG Art. 74