Damages Under the Convention on Contracts for the International Sale of Goods, Third Edition

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Damages Under the Convention on Contracts for the International Sale of Goods, Third Edition

Author Bruno Zeller
Publication Date 2019
ISBN 9780198822493
Format Hardcover
Publisher Oxford

 

New to this Edition:

  • includes a new chapter on penalty clauses, with a focus on how those terms should be interpreted in light of Cavendish Square Holding BV V Makdesi and Paccioco v Australia and New Zealand Banking Group Ltd.
  • includes more thorough discussion of anticipatory repudiation and good faith.
  • covers the EU's efforts to harmonise contracts (CESL and CFR).

The sole work to address damages under the CISG continues to serve as the go-to resource for this subject in its third edition.

The book compares and contrasts the calculation of damages under civil and common law systems in accordance with the United Convention on Contracts for the International Sale of Goods, addressing international judicial and arbitral decisions and highlighting the distinctions between uniform international instruments and domestic laws (CISG).

The impact of recent cases in England (Cavendish Square Holding BV V Makdesi) and Australia (Paccioco v Australia and New Zealand Banking Group Ltd) regarding the interpretation of penalty clauses and its connection to the CISG is examined in a new chapter on penalty clauses. Additional new content includes an expanded discussion of the good faith issue, fresh perspectives on attorney's fees, an analysis of states that have recently ratified the CISG, and a look at the developments in the EU in regard to the effort to enact a new, harmonised contract law.

TABLE OF CONTENTS Damages Under the Convention on Contracts for the International Sale of Goods

Ch.1 Description of the Problem: Uniform Laws and Damages
Ch.2 The Methodology for Interpretation of the CISG
Ch.3 Breach of Contract: An Overview
Ch.4 Breach of Contract: The CISG
Ch.5 Article 74: A General Overview
Ch.6 Limitation on Claims within Article 74
Ch.7 Mitigation of Losses
Ch.8 Calculation of Losses under Article 74
Ch.9 Special Damages: Interest Rates
Ch.10 Attorneys’ Fees
Ch.11 Penalty Clauses and the CISG
Ch.12 Exemptions
Ch.13 Fundamental Breach and the CISG
Ch.14 The UNIDROIT Principles and the CISG
Ch.15 Regional Developments and the CISG
Ch.16 The Doctrine of Anticipatory Repudiation
Ch.17 Conclusion and Observations

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