CISG에서 계약위반에 대한 손해배상에 관한 연구

A Study on the Damages for Breach of Contract in the CISG

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 74078 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.