본문 바로가기
  • Home
Basic Search

Damages under CISG(UN Convention on Contracs for the International Sale of Goods) Article 74

  • DONG-A LAW REVIEW
  • 2013, (58), pp.637-689
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Gwak,Minhui 1

1숙명여자대학교

Accredited

ABSTRACT

This paper discussed this CISG provision(art. 74) that govern the Contract Liability in breach of contract. This article contains some meanings. Firstly, the compensation system of the CISG adopted the rule of full compensation. Secondly, the CISG lays down that the debtor who is not guilty is only liable for damage which he in breach foresaw or which he ought to have foreseen at the time of the conclusion of the known, as a possible consequence of the breach of contract. Thirdly, This paper discusses the reliance interest as a damages in breach of contract, too. In this paper, it was treated what the meaning of the rule of “full compensation” is. And This paper treated the principle of foreseeability, too. This is one of the several provisions which define an limit the extent of the debtor’s liability. The principle of foreseeability has been an exceedingly. It forms one of the comparatively rare instances in which a major doctrine of the Civil law appears to have been taken over in the nineteenth century by the Common law. The principle of foreseeability has more recently been adopted as the leading test remoteness in the CISG. The princlple that foreseeability determines the extent of contractual liability is generally thought to have entered into the Common law through the leading English case of Hadley v. Baxendale. But foreseeability under the CISG different from that of Common law which used in formulating the English test of remoteness in someways. Whatever the historical origins of the matter may be, the CISG concept of foreseeability as the limit rule of the extent of the debtor’s liability in the breach of contract owes little or nothing to its Common law counterpart. This paper discusses the reliance interest. The CISG compensation rule or the starting principle is that the object of awarding damages for the breach of contract is to put the aggrieved party into as a good a financial positions as that in which he would have been if the contract had been duly performed. This process has been called compensating the aggrieved party for loss of his bargain or of his expectation interest. Under the system of CISG, An alternative principle, also of general application, is to put the aggrieved party into the situation in which he would have been if the contract had never been made. This may be done by compensating him for expenses of other losses incurred in reliance on the contract. Here it is common to talk of protection of the reliance interest. The relationship between claims for expectation interest and reliance interest, meanings of reliance interest is more fully discussed in the paper.

Statistics

  • 389 Viewed
  • 42 Downloaded

Tools

Issue List

Citation status

* References for papers published after 2023 are currently being built.

Basic Search Advanced Search