Published: 2021-12-28

Evaluating the foreseeability of damage according to art. 74 second sentence of United Nations Convention on Contracts for the International Sale of Goods (CISG)

Maciej Kochanowski Logo ORCID

Abstract

Contractual liability for damages is not limitless, which is also reflected in provisions of United Nations Convention on Contracts for the Internatiownal Sale of Goods (CISG). Limitation of liability can be introduced in several ways; in CISG Convention this was achieved by limiting the liability to foreseeable damages. In Polish scholarship this issue has received only minimal attention. The author of the contribution focuses on the interpretation of Art. 74 second sentence of the CISG. The aim of the contribution is to elaborate on key normative elements affecting the proper evaluation of the foreseeability and to propose a step-by-step method (scheme) of evaluating the foreseeability of damage that — in the author’s opinion — might ensure that such an exact and thorough evaluation according to the aforementioned provision. The author focuses primarily on the relevant time and subject of foreseeability, the perspective that ought to be taken into account, the factors affecting the foreseeability (will of the parties, binding practices and usages, knowledge of the party, as well as on the distinction between the objective foreseeability of damage (which refers to the damage that the party in breach ought to have foreseen) and the subjective foreseeability of damage (which refers to the damage that the party in breach had actually foreseen).

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Citation rules

Kochanowski, M. (2021). Evaluating the foreseeability of damage according to art. 74 second sentence of United Nations Convention on Contracts for the International Sale of Goods (CISG). Problemy Prawa Prywatnego Międzynarodowego (“Problems of Private International law”), 29, 39–66. https://doi.org/10.31261/PPPM.2021.29.02

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Vol. 29 (2021)
Published: 2022-04-20


ISSN: 1896-7604
eISSN: 2353-9852
Ikona DOI 10.31261/PPGOS

Publisher
Wydawnictwo Uniwersytetu Śląskiego | University of Silesia Press

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