Tettenborn, Andrew --- "Abstract damages in international sale contracts - when should they be available?" [2019] ELECD 2114; in Saidov, Djakhongir (ed), "Research Handbook on International and Comparative Sale of Goods Law" (Edward Elgar Publishing, 2019) 132

Book Title: Research Handbook on International and Comparative Sale of Goods Law

Editor(s): Saidov, Djakhongir

Publisher: Edward Elgar Publishing

Section: Chapter 6

Section Title: Abstract damages in international sale contracts - when should they be available?

Author(s): Tettenborn, Andrew

Number of pages: 20

Abstract/Description:

This chapter concentrates on an important point relating to the way England chooses to award damages in international commercial sale contracts. It will look at the preparedness of courts to award damages for breach of contract on a substantively abstract, rather than a concrete, basis; or, looking at the matter from the other side, awarding a fixed, easily-quantifiable amount of money and being prepared to turn a blind eye to complex arguments about how great, or small, a claimant’s ‘real’ financial loss is. The issue will be looked at from the perspective of three kinds of claim: non-delivery and non-acceptance, defective delivery, and late delivery.