RemediesforBreachofContract合同的违约救济.pptVIP

Remedies for breach of contract under the CISG The remedies outlined in the CISG include (1) avoidance of the contracts, (2) sellers’ right to remedy or cure, (3) sellers’ additional time to perform, (4) price reduction, (5) money damages, (6) specific performance. Money damages Under the common law (1) Money damages make the injured party be placed in the position they would have occupied if the contract had been fully performed. (2) Types of damages ( T or F statements) A. Consequential damages are to make the injured party whole and these damages compensate the injured party only for injuries actually sustained. B. When a seller does not deliver goods, knowing that a buyer is planning to resell those goods immediately, compensatory damages are awarded for the loss of profits from the planned resale. C. Consequential damages differ from compensatory damages in that they are caused by special circumstances beyond the contract itself. D. If a nonbreaching party wants to recover consequential damages, the breaching party does not need to know the special circumstances will cause the nonbreaching party to suffer an additional loss. E. When an innocent party suffers some financial loss, nominal damages can be awarded. F. Nominal damages are often small, such as a dollar, but they do establish the fact that the defendant acted wrongfully. G. Exemplary damages are designed to punish a guilty party where an intentional tort may be tied to a breach of contract. Money damages under the CISG (Art. 74----77) What damages does the CISG recognize? The CISG provides that a breaching party shall be liable for damages in an amount sufficient to make the injured party whole in the event of a breach. Article 74 states that damages to an injured party shall consist of a “sum equal to the loss.” Thus, under the CISG, both the compensatory damages and consequential damages can be awarded. (2) How to measure money damages? A. The method of measuring