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Specific Methods of Calculating Damages After Avoidance - Chapter 15 - Remedies in International Sales

Author(s): 
Chengwei Liu
Page Count: 
30 pages
Media Description: 
1 PDF from "Remedies in International Sales"
Published: 
June, 2007
Author Detail: 

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.

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Originally from Remedies in International Sales - Hardcover
                           Remedies in International Sales - PDF

Preview Page from Chapter 15

§15.1 General
“The fact that, by virtue of termination, the contract is brought to an end, does not deprive the aggrieved party of its right to claim damages for non-performance.” “The rule adopted in most legal systems, and the Vienna Convention as well, is that, in addition to avoidance, the party aggrieved by the breach may always claim damages to compensate for the loss caused by avoidance.” Furthermore, calculation of damages after avoidance has been standardized.
In particular, the Convention provides, in cases of avoidance, “more specific rules on the calculation of damages,” thereby reducing judicial discretion in the assessment of damages. Of particular relevance are CISG Arts. 75 and 76:

Articles 75 and 76 of the Convention are particularized applications of article 74 and deal respectively with two familiar methods of measuring an injured party’s direct loss where a contract has been avoided. Article 75 validates the “concrete” method by entitling the seller or buyer, as the case may be, to base his claim on the results of a resale of the goods or a covering purchase. Article 76 recognizes the abstract “current price” or “market price” test where there is a current price for the goods.

Table of Contents: 

§15.1 General
§15.2 Common Condition: Avoidance of the Contract
§15.3 Concrete Method under CISG Art. 75
15.3.1 Overview
15.3.2 Condition: nonoccurrence of or nonreliance on a substitute transaction
15.3.3 Reasonableness of the substitute transaction
§15.4 Abstract Method under CISG Art. 76
15.4.1 Overview
15.4.2 Condition: no existence of a reasonable substitute transaction
15.4.3 The core: availability of a current price
(a) Relevant place
(b) Decisive time
15.4.4 A summary
§15.5 Further Damages Recoverable