An Analysis of Market-Based Damages for Breach of Contract in the CISG and PECL

AN INTERNATIONAL APPROACH TO THE INTERPRETATION OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE SALE OF GOODS, John Felemegas, ed., Cambridge University Press, 2007

7 Pages Posted: 6 Jun 2006

See all articles by Jonathan Yovel

Jonathan Yovel

NYU School of Law - Straus Institute for the Advanced Study of Law and Justice; University of Haifa - Faculty of Law; Yale Law School

Abstract

This essay studies the availability of market-based damages for breach of contract as a substitute for standard expectation damages in the law of international sales. It focuses on two major contractual regimes: the UN convention on Contracts for the International Sales of Goods, 1980 (CISG) and the European Principles of Contract Law, 2003 (PECL), as well as on several judicial opinions from different legal systems applying the CISG and other relevant law.

Keywords: Contract, CISG, PECL, Price Damages, Current Price and Risk

JEL Classification: J41, K12, K10, K33, K49, K11, L14, M55, K00

Suggested Citation

Yovel, Jonathan, An Analysis of Market-Based Damages for Breach of Contract in the CISG and PECL. Available at SSRN: https://ssrn.com/abstract=906609

Jonathan Yovel (Contact Author)

NYU School of Law - Straus Institute for the Advanced Study of Law and Justice ( email )

New York
United States

University of Haifa - Faculty of Law ( email )

Mount Carmel
Haifa, 31905
Israel

Yale Law School ( email )

P.O. Box 208215
New Haven, CT 06520-8215
United States
203.435.5911 (Phone)

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