The Law of Damages in the International Sale of Goods : The CISG and Other International Instruments (Hardcover)

1. INTRODUCTION 1. General 2. The CISG 3. The UPICC 4. The PECL 5. Purposes, scope, and structure of the book I General Part 2. GENERAL PART OF THE LAW OF DAMAGES 1. Definition and purpose of damages 2. Basis for the right to claim damages 3. Basic measure of damages 4. The idea of limiting damages 3. CATEGORIES OF LOSS 1. General 2. Expenditure wasted as a result of the breach 3. Additional expenditure incurred as a result of the breach 4. Damage to the 'performance interest' 5. Loss caused by the change in the value of currency 6. Damage to reputation and goodwill 7. Loss of profit 8. Loss of a chance 9. Future losses II Methods of Limiting Damages 4. CAUSATION 1. General 2. Factual and legal causation 3. Multiple sufficient causation 4. Hypothetical alternative causation 5. Intervening cause 6. Causation and calculation 7. Injured party's contribution to the other party's failure to perform 5. FORESEEABILITY 1. General 2. The foreseeability test 3. Foreseeability of what? 4. Time of foreseeability and degree of probability 5. Concluding remarks 6. MITIGATION 1. General 2. Scope of the mitigation rule 3. Reasonable measures 4. Mitigation and events subsequent to the breach 5. The recoverability of costs incurred in mitigating loss 6. Burden of proof III Proof of Loss and Calculation of Damages 7. STANDARDS OF PROVING LOSS AND DETERMINING THE AMOUNT OF DAMAGES 1. General 2. The standard of 'reasonable certainty' 3. Judicial discretion 4. Standards of proving losses and determining the amount of damages under the CISG 5. Loss of a chance and judicial discretion 8. CALCULATION OF DAMAGES (PART I) 1. General 2. Calculation in case of the avoidance of the contract 3. Non-conforming delivery 4. Delay in delivery 5. Other cases: lost profits 9. CALCULATION OF DAMAGES (PART II) 1. General 2. Anticipatory breach 3. Long-term contracts 4. Currency losses 5. Loss of a chance 6. Damage to business reputation and goodwill 7. Currency of damages