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详细
The second edition of this internationally acclaimed book explores damages for breach of an international sales contract, one of the most important and frequently invoked remedies. The focus is on the international contract law instruments such as the Convention on Contracts for the International Sale of Goods (CISG), the UNIDROIT Principles of International Commercial Contracts and the Principles of European Contract Law.
The book draws on the experience of some major legal systems and engages with legal scholarship on the international instruments and on contract damages, providing the most comprehensive, in-depth and thorough examination of damages under the instruments to date. The second edition is updated, reflecting the latest developments in legal thinking on contract damages. It incorporates around 60 new cases and now covers more than 370 cases decided by courts and arbitration tribunals from around the world. The new edition is substantially revised, including new commentary on damages for a documentary breach.
Truly international in spirit, this book is analytically rigorous and practically oriented, offering distinctive analyses of and solutions to some of the most challenging problems surrounding contract damages.
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1. Introduction
1. General
2. The CISG
3. The UPICC
4. The PECL
5. Scope and Structure of the Book
PART I. GENERAL PART
2. General Part of the Law of Damages
1. Definition and Purpose of Damages
2. Basis for the Right to Claim Damages
3. Basic Measure of Damages
4. The Idea of Limiting Damages
3. Categories of Loss
1. General
2. Expenditure Wasted as a Result of the Breach
3. Additional Expenditure Incurred as a Result of the Breach
4. Damage to the 'Performance Interest'
5. Loss Caused by the Change in the Value of Currency
6. Damage to Reputation and Goodwill
7. Loss of Profit
8. Loss of a Chance
9. Future Losses
10. Damages for a Documentary Breach
PART II. METHODS OF LIMITING DAMAGES
4. Causation
1. General
2. Factual and Legal Causation
3. Multiple Sufficient Causation
4. Hypothetical Alternative Causation
5. Intervening Cause
6. Causation and Calculation 5
7. Injured Party's Contribution to the Other Party's Failure to Perform
5. Foreseeability
1. General
2. The Foreseeability Test
3. Foreseeability of What?
4. Time of Foreseeability and Degree of Probability
5. Concluding Remarks
6. Mitigation
1. General
2. Scope of the Mitigation Rule
3. Reasonable Measures
4. Mitigation and Events Subsequent to the Breach
5. The Recoverability of Costs Incurred in Mitigating Loss
6. Burden of Proof
PART III. PROOF OF LOSS AND CALCULATION OF DAMAGES
7. Standards of Proving Loss and Determining the Amount of Damages
1. General
2. The Standard of 'Reasonable Certainty'
3. Judicial Discretion
4. Standards of Proving Losses and Determining the Amount of Damages under the CISG
5. Loss of a Chance and Judicial Discretion
8. Calculation of Damages (Part I)
1. General
2. Calculation: The Avoidance of the Contract
3. Non-Conforming Goods
4. Delay in Delivery
5. Other Cases: Lost Profits
9. Calculation of Damages (Part II)
1. General
2. Anticipatory Breach
3. Long-term Contracts
4. Currency Losses
5. Loss of a Chance
6. Damage to Business Reputation and Goodwill
7. Currency of Damages
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Djakhongir Saidov is a Lecturer in Commercial Law at the University of Birmingham. He holds a Law degree (Bakalavr) from the University of World Economy and Diplomacy (Uzbekistan), and an LLM and PhD from the University of East Anglia. Before joining the University of Birmingham he taught at UEA and also practised law in Tashkent, Uzbekistan.
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...the strengths of this book are its focus, the level of detail provided, as well as the fact that the book is up to date and particularly well researched...a significant contribution to the field of damages in international commercial law. The work covers the key areas in the field. It does so by providing a more than sufficient analysis and gives the opportunity inter alia to explore national and international rules in a comparative fashion. This is a good book, especially for the scholar or the practitioner with a strong interest in the area of international commercial law and in particular the area of the law of damages. This is certainly a book worth reading.
Dr Antonios Emmanuel Platsas
Journal of Business Law
Volume 4, 2009
Saidov has produced a detailed and highly readable text that considers in turn the methods of limiting damages, the determination of loss and the calculation of damages.
It will doubtless become a first point of reference for academics and practitioners alike.
Martin J Doris
Edinburgh Law Review 13(3)
September 2009
a well-organised resource for practitioners structuring international commercial deals, as well as counsel, arbitrators or judges involved in dispute resolution for international transactions which result in a claim for damages.
Saidov's well-researched analysis of the law of damages extends beyond the value of the book beyond these instruments, addressing issues raised in civil and common law jurisdiction.
Elisabeth Opie
Vindobona Journal of International Commercial Law and Arbitration
2009
This is a well-structured and carefully argued book, which will undoubtedly provide very instructive reading for anyone involved in negotiating damages against the background of a CISG-governed deal. As any practitioner will confirm, in most arguments over damages the devil is in the detail: and one of the strengths of this work is the final two chapters, in which common points of difficulty are exhaustively analysed.
...something Hart can be proud of.
Andrew Tettenborn
Bracton Professor of Law, University of Exeter
Lloyd's Maritime and Commercial Law Quarterly
