Go to Database Directory || Go to CISG Table of Contents


LEGISLATIVE HISTORY

Legislative history of CISG article 77: Match-up with 1978 Draft to assess relevance of Secretariat Commentary


1978 Draft article 73

The 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 he fails to take such measures, the party in breach may claim a reduction in the damages in the amount which should have been mitigated.

  

CISG article 77

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 he fails to take such measures, the party in breach may claim a reduction in the damages in the amount by which the loss should have been mitigated.


Editorial comments

The only modification to 1978 Draft article 73 were to substitute "A" for "The" at the outset and to revise the last clause to read: damages in the amount "by which the loss" should have been mitigated. The Secretariat Commentary on 1978 Draft article 73 should therefore be relevant to the interpretation of CISG article 77.


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