Measuring Damages Under the CISG - Article 74 of the United Nations Convention on Contracts for the International Sale of Goods
Pace International Law Review, Vol. 9, No. 1, pp. 223-237, Summer 1997
16 Pages Posted: 21 Sep 2011
Date Written: June 1, 1997
The provisions discussed in this analysis are, first and foremost, Article 74; to a lesser extent, Articles 75 through 79; and, to a limited extent, certain of the other articles cited above. Although the analysis concentrates on cross-references to other provisions of the CISG, it must be noted that:
CISG Article 74 was taken from and is, for all practical purposes, substantively identical to Article 82 of the 1964 Hague Uniform International Sales Law. This is important because it opens up to researchers case law and commentaries on ULIS Article 82 (of which there are many), as well as case law and commentaries on CISG Article 74.
A fairly extensive Secretariat Commentary on the language contained in CISG Article 74 is available. This is the closest counterpart to an Official Commentary on this language.
In a contract governed by the CISG, a failure to perform any obligation entitles the injured party to seek, under Articles 45 and 61, various remedies, all of which include consequential damages under Article 74.
Keywords: damages, international sale of goods, UN, United Nations, CISG, Article 74, contracts, international business, remedies, buyers, sellers
JEL Classification: K12, K19, K29, K33, K39
Suggested Citation: Suggested Citation
Decisions on Conformity of Goods Under Article 35 of the U.N. Sales Convention (CISG): The 'Mussels Case,' Evidentiary Standards for Lack of Conformity, and the 'Default Rule' vs. 'Cumulative' Views of Implied Conformity Obligations
The International Contracting Practices Survey Project: An Empirical Study of the Value and Utility of the United Nation's Convention on the International Sale of Goods (CISG) and the Unidroit Principles of International Commercial Contracts to Practitioners, Jurists, and Legal Academics in the United States