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Global Sales and Contract Law by Schwenzer, Ingeborg; Hachem, Pascal; Kee, Christopher (26th January 2012)

Part XI Remedies for Breach of Contract, 44 Damages

From: Global Sales and Contract Law

Ingeborg Schwenzer, Pascal Hachem, Christopher Kee

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 27 May 2020

Subject(s):
Calculation of damages — Mitigation of damages — Contract clauses and damages — Exclusion or limit of liability — Burden of proof and damages
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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