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4 Damages Claims for Breach of Contract under Comparative and Transnational Law

From: Damages in International Arbitration under Complex Long-term Contracts

Herfried Wöss, Adriana San Román Rivera, Pablo T Spiller, Santiago Dellepiane

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 29 June 2022

Contract claims — Damages — Compensation — Remedies and costs — Interest — UNCITRAL Model Law — Burden of proof
4.01 This chapter aims to identify the differences and similarities between the rules of law examined here with respect to (1) underlying principles, (2) the requirements for damages claims such as breach of contract, loss, causality, and fault, (3) the applicable limitations to damages claims such as remoteness, foreseeability, adequacy, contributory negligence, and mitigation, (4) the measure of damages and the interest protected by law, and (5) the effect of rules of evidence and the standard of proof. The rules of evidence and the burden of proof are of utmost...
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