The Law of Damages in International Sales: The CISG and other International Instruments

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9781841137421: The Law of Damages in International Sales: The CISG and other International Instruments

This in-depth study explores the remedy of damages in international sales transactions. Its focus is on the international contract law instruments such as the Convention on Contracts for the International Sale of Goods (CISG), the UNIDROIT Principles of International Commercial Contracts, and the Principles of European Contract Law. The issues addressed include: the basis for the right to claim damages . definition and purpose of damages . the idea of limiting damages . principles underlying the award of damages . classification of losses and heads of recoverable losses . causation . foreseeability . mitigation . standards of proving losses . methods of calculating and determining the amount of damages. The book draws on the experience of some major legal systems in dealing with contract damages, as well as on the body of cases and scholarly writings on the international instruments. In doing so, it provides a justification for the existing rules on damages, highlights the problems in their interpretation and application, and proposes solutions to the existing problems in the light of relevant policies and goals pursued by the international instruments. There is no book on the market that deals, in such detail, with damages in the international context. It will be of interest to practitioners involved in international commercial transactions, and scholars and students interested in international commercial and comparative contract law.

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About the Author:

Djakhongir Saidov is a Lecturer in Commercial Law at the University of Birmingham. He holds a Law degree (Bakalavr) from the University of World Economy and Diplomacy (Uzbekistan), and an LLM and PhD from the University of East Anglia. Before joining the University of Birmingham he taught at UEA and also practised law in Tashkent, Uzbekistan.


...the strengths of this book are its focus, the level of detail provided, as well as the fact that the book is up to date and particularly well researched...a significant contribution to the field of damages in international commercial law. The work covers the key areas in the field. It does so by providing a more than sufficient analysis and gives the opportunity inter alia to explore national and international rules in a comparative fashion. This is a good book, especially for the scholar or the practitioner with a strong interest in the area of international commercial law and in particular the area of the law of damages. This is certainly a book worth reading. Dr Antonios Emmanuel Platsas Journal of Business Law Volume 4, 2009 Saidov has produced a detailed and highly readable text that considers in turn the methods of limiting damages, the determination of loss and the calculation of damages. It will doubtless become a first point of reference for academics and practitioners alike. Martin J Doris Edinburgh Law Review 13(3) September 2009 a well-organised resource for practitioners structuring international commercial deals, as well as counsel, arbitrators or judges involved in dispute resolution for international transactions which result in a claim for damages. Saidov's well-researched analysis of the law of damages extends beyond the value of the book beyond these instruments, addressing issues raised in civil and common law jurisdiction. Elisabeth Opie Vindobona Journal of International Commercial Law and Arbitration 2009 This is a well-structured and carefully argued book, which will undoubtedly provide very instructive reading for anyone involved in negotiating damages against the background of a CISG-governed deal. As any practitioner will confirm, in most arguments over damages the devil is in the detail: and one of the strengths of this work is the final two chapters, in which common points of difficulty are exhaustively analysed. ...something Hart can be proud of. Andrew Tettenborn Bracton Professor of Law, University of Exeter Lloyd's Maritime and Commercial Law Quarterly

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