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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