oa Comparative and International Law Journal of Southern Africa - Unresolved damages issues of the CISG: a comparative analysis
|Article Title||Unresolved damages issues of the CISG: a comparative analysis|
|© Publisher:||Institute of Foreign and Comparative Law|
|Journal||Comparative and International Law Journal of Southern Africa|
|Affiliations||1 Dept of Private Law, UNISA|
|Publication Date||Mar 2005|
|Pages||32 - 46|
|Keyword(s)||CISG, Damages issues, UNIDROIT Principles of International Commercial Contracts, Unresolved damages and Vienna Convention for the International Sale of Goods|
There are a number of damages issues which are not explicitly dealt with in the CISG and have as yet not been resolved in the more than 350 reported cases dealing with damages. The article discusses the issues of future damages, liability for the loss of a chance or opportunity and the contributory conduct of the non-defaulting party. This is done against the backdrop of the gap-filling provision in article 7 and the comparative provisions of the UNIDROIT Principles of International Commercial Contracts and the Principles of European Contract Law. It is argued that the issues can be satisfactorily resolved with reference to the other two instruments.
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