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LEGISLATIVE HISTORY

Legislative history of CISG article 75: Match-up with 1978 Draft to assess relevance of Secretariat Commentary


1978 Draft article 71

If the contract is avoided and if, in a reasonable manner and within a reason- able time after avoidance, the buyer has bought goods in replacement or the seller has resold the goods, the party claiming damages may recover the dif- ference between the contract price and the price in the substitute transaction and any further damages recoverable under the provisions of article 70.

  

CISG article 75

If the contract is avoided and if, in a reasonable manner and within a reason- able time after avoidance, the buyer has bought goods in replacement or the seller has resold the goods, the party claiming damages may recover the dif- ference between the contract price and the price in the substitute transaction as well as any further damages recoverable under article 74.


Editorial comments

Apart from an adjustment of the article reference to conform to the new sequence ("article 74" rather than article 70"), the only modification to 1978 Draft article 71 was to change a conjunction to "as well as" rather than "and". The Secretariat Commentary on 1978 Draft article 71 should therefore be relevant to the interpretation of CISG article 75.


Pace Law School Institute of International Commercial Law - Last updated July 12, 1999
Comments/Contributions

To examine 1978 Draft provisions in context, go to the full-text of the 1978 Draft || To examine CISG provisions in context, go to the full text of the CISG