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Lex mercatoria material related to Article 74 CISG

For case citations, texts and other lex mercatoria material on damages:

  1. Go to the CENTRAL Transnational Law Database (TLDB).


    Click TLDB's "List of Lex Mercatoria Principles".

  2. Scroll to Chapter VII: Damages, and from there to

    No. VII.1 - Damages in case of non-performance

    "The aggrieved party is entitled to damages for loss caused by the other party's non-performance of its contractual obligations."

    No. VII.2 - Principle of foreseeability of loss

    "Claims for damages are limited to the loss which the non-performing party foresaw or could reasonably have foreseen at the time of the conclusion of the contract as being the likely result of it non-performance."

    No. VII.3 - Limits to claims for damages

    "Damages may not exceed the actual loss and are available only for loss which is proved by the claimant."

    The TLDB database provides annotations to these texts. The TLDB annotations address Doctrine, Awards, Court Decisions, Principles/Model Laws, Conventions, National Legislation, Terms/Rules.

Pace Law School Institute of International Commercial Law - Last updated January 28, 2003