Title:
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The remedy of damages under three international instruments
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The adoption of the Convention on Contracts for the International Sale of Goods
(CISG), the UNIDROIT Principles of International Commercial Contracts, and the
Principles of European Contract (PECL) has marked a new step in development of
international commercial law. Resulting from considerable efforts to unify and
harmonise international commercial and, in case of the PECL, European law, these
Instruments have become important and truly international sources of contract and
commercial law. The thesis seeks to examine the remedy of damages under these
Instruments. Damages are a key remedy because, amongst other reasons, it is likely to
be exercised more often than any other remedy and can be used exclusively or in
conjunction with other remedies. The examination is confined to international sales
transactions.
The work examines some of the central parts of the law of damages such as the
definition and purposes of the award of damages; basis for the right to claim damages;
principles underlying the award of damages; the idea of limiting damages;
classification of losses; categories of loss; causation; foreseeability; mitigation;
standards of proving loss and determining the amount of damages. The work draws
heavily on cases decided in various jurisdictions and arbitration tribunals and uses the
method of comparative analysis which helped identify the problems that had to be
addressed and provided a wider range of possible solutions. However, every solution
put forward by this work is based on the mandate of the Instruments to respect their
autonomous and international character and the need to promote uniformity in their
application as well as on the author's views as to what are the policies, considerations,
and values that underlie the Instruments.
The work is original in terms of its scope and the extent to which the issues relating to
damages under these Instruments are examined.
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