Article
Calculation of Damages on the basis of the Breaching Party's Profits under the CISG
JOURNAL OF INTERNATIONAL COMMERCIAL LAW
(2017)
Abstract
This work provides arguments for the proposition that under some limited circumstances damages’ calculations may take into account the benefits that the breaching party obtained from the breach of a CISG contract. The authors rely on what they submit is an interpretation in good faith of the full compensation rule in Article 74 CISG, pursuant to Article 7 CISG. The authors submit that, in some scenarios, the approach offers the most reasonable way to achieve full compensation and enhances proof efficiency. The authors address opposing views against their proposed methodology for damages’ calculation, including the theory of efficient breach developed in the United States.
Keywords
- CISG,
- Full Compensation,
- Calculation of Damages,
- Disgorgement of Profits,
- Efficient Breach
Disciplines
Publication Date
Spring 2017
Citation Information
Edgardo Muñoz and David Obey Ament- Guemez. "Calculation of Damages on the basis of the Breaching Party's Profits under the CISG" JOURNAL OF INTERNATIONAL COMMERCIAL LAW Vol. 8 Iss. 2 (2017) p. 201 - 219 Available at: http://works.bepress.com/edgardo_munoz/27/