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Lex mercatoria material related to Article 77 CISG

For case citations, texts and other lex mercatoria material on mitigation of loss:

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


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

  2. Scroll to Chapter VII: Damages, Principle No. VII.4 - Duty to mitigate.

    "A party who relies on a breach of contract must take such measures as are reasonable in the circumstances to mitigate the loss, including loss of profit, resulting from the breach. If it fails to take such measures, the party in breach may claim a reduction in the damages in the amount which the loss should have been mitigated."

    This TLDB lex mercatoria text is substantively identical to Article 77 CISG. The TLDB database provides annotations to this text. The TLDB annotations address Doctrine, Awards, Principles/Model Laws, Conventions, National Legislation, Terms/Rules.

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