지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
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The purpose of this study is to analyse damages for breach of contract and damages of calculation in the CISG(United Nations Convention on Contracts for the International Sale of Goods). In this paper, I studied the CISG Article 74-78 to analyse damages for breach of contract. For example, basic remedies for breach of contract, damages for breach of contract and calculation, obligation to mitigate losses and payment of delayed interest. As result of this study, I point out several core contents as follow : ① Damages are recoverable under the general rule of article 74. But Any further damage is limited by its foreseeability. ② If the contract is avoided and if 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. ③ The abstract calculation of the damages provided for in article 76 is possible only when the cbligee has not effected a substitute transaction. Additional cost in doing business or lost profit can also constitute further damages. ④ If a party who relies on a breach of contract fails to take reasonable measures for mitigation of the losses, the party in breach may claim a reduction in the damages in the amount by which the loss should have been mitigated.
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