Right To Damages - Chapter 12 - 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 12
... CISG provisions regarding buyer’s and seller’s breach. These rules provide the basis of Convention liability; they are the very source of the buyer’s and seller’s respective rights to claim damages for breach.” CISG Arts. 45(1) and 61(1) further provide that the aggrieved party may “claim damages as provided in articles 74 to 77,” which specifically deal with “the crucially important issue of damages.”
Regarding these specific rules of damages, several points should be made clear before beginning a detailed discussion:
(i) The claim for damages under CISG Arts. 74 et seq. is available to either party to the contract, seller or buyer, but only to them; a third person injured may claim damages only under the applicable domestic law.
(ii) Although one may argue that these damage provisions are exhaustive in that they exclude recourse to domestic law, they “concern only the extent or the measurement of damages, the question being ‘how much’ compensation the injured party should receive; in other words Articles 74 to 77 operate on the assumption that the breaching party is liable on the basis of either Article 45(1) or 61(1).”
§12.1 General
§12.2 Basic Features of the Right
12.2.1 Applicable to any breach
12.2.2 No-fault liability
12.2.3 Available even after a declared avoidance
§12.3 The Right in Context
§12.4 Burden of Proof
§12.5 Establishment of the Claim
12.5.1 Substantiation of the breach
12.5.2 Substantiation of the loss and its causal relation to the breach
12.5.3 A Summary
§12.6 Standard of Proving Loss: Reasonable Certainty