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Part XI Remedies for Breach of Contract, 44 Damages

From: Global Sales and Contract Law

Ingeborg Schwenzer, Pascal Hachem, Christopher Kee

Content type:
Book content
Product:
International Commercial Law [ICML]
Published in print:
26 January 2012
ISBN:
9780199572984

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 03 October 2023

Subject(s):
7239ab7c-0b8c-43b2-a2dc-818d41ca38ad — 45d5bb00-dd78-443b-bb22-539aff16da59 — a4009af3-8964-4c86-93d9-e4dfcbfc2919 — 285b7fb2-841b-4037-aa2f-a1831c656daf — cb90abb3-c195-44a2-941c-62978a977ecd
44.01 In practice the most important remedy to which parties resort in a sales contract is damages for breach of contract. From a comparative perspective and broadly speaking, two approaches can be discerned which are taken towards the remedy of damages. One focuses on the legal term ‘loss’ and attempts to develop an abstract definition determining what is to be understood to be ‘loss’. This approach has enjoyed particular popularity in civil law legal systems and here specifically in German-speaking countries.1 On the other hand, common law legal systems...
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