Research Handbook on International and Comparative Sale of Goods Law
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Research Handbook on International and Comparative Sale of Goods Law

Edited by Djakhongir Saidov

This thorough and detailed Research Handbook explores the complexity of governance of sales contracts in the modern world. It examines many topical aspects of sales law and practice, with considerable emphasis being placed on the diversity of: commercial and transactional contexts; in which sales contracts are made and performed, including digital technologies, long-term contracts and global supply chains and sources governing such contracts, particularly those emanating from commercial players, such as standard form contracts, trade usages and trade terms. Written by leading experts from an international and comparative perspective, the Research Handbook is relevant to anyone with an interest in commercial sales and contract law.
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Chapter 6: Abstract damages in international sale contracts - when should they be available?

Andrew Tettenborn

Abstract

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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