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Report to the Uniform Law Conference of Canada on Convention on Contracts for the International Sale of Goods

Professor Jacob S. Ziegel, University of Toronto
July 1981

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Article 75

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

COMMENT

1. As noted under art. 74, the resale and cover provisions in art. 75 have no counterpart in the provincial Acts. However, the OLRC Sales Report, pp. 409, 498 supports the similar provisions in the Uniform Commercial Code and the CISG provisions are equally deserving of support.

[2] There are some important differences between the resale provision in art. 75 and the provisions in UCC 2-706. Note in particular that art. 75 imposes no duty on the seller to notify the buyer of his intention to resell and the fact that, literally construed, the article only applies to a resale of goods that have been identified to the contract at the time of the buyer's breach. In contrast, UCC 2-706 also applies to goods identified to the contract subsequent to breach.

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Pace Law School Institute of International Commercial Law - Last updated April 23, 1999
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