Ch.3 Breach of Contract: An Overview

Subject(s):

Breach of contract — Damages and contract — Remedies for breach of contract — UN Sales Convention and damages

This chapter examines some transnational generic contract law principles of remedial relief. Not all contracts run the intended course, and a breach will mostly likely result in damages to at least one party. The intention of the law is to secure the bargain, but this security is only as good as the ability of courts and tribunals to award appropriate remedies. The ability to award damages is an important economic function, and it is not surprising to find laws regulating the awarding of damages in a variety of legal documents. Indeed, the United Nations Convention on Contracts for the International Sale of Goods (CISG) has recognized that the awarding of damages is an important, if not the most important, remedy and structured its remedial system in such a way that damages can always be claimed irrespective of any other claims.