Edited by Djakhongir Saidov
Chapter 6: Abstract damages in international sale contracts - when should they be available?
This chapter concentrates on an important point relating to the way England chooses to award damages in international commercial sale contracts. It will look at the preparedness of courts to award damages for breach of contract on a substantively abstract, rather than a concrete, basis; or, looking at the matter from the other side, awarding a fixed, easily-quantifiable amount of money and being prepared to turn a blind eye to complex arguments about how great, or small, a claimant’s ‘real’ financial loss is. The issue will be looked at from the perspective of three kinds of claim: non-delivery and non-acceptance, defective delivery, and late delivery.
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