Art. 74 CISG

Damages for breach of contract by one party consist of a sum equal to the loss, including loss of profit, suffered by the other party as a consequence of the breach. Such damages may not exceed the loss which the party in breach foresaw or ought to have foreseen at the time of the conclusion of the contract, in the light of the facts and matters of which he then knew or ought to have known, as a possible consequence of the breach of contract.

←

→

Secretariat Commentary

The Secretariat Commentary on Art. 70 of the 1978 New York Draft, predecessor to Art. 74 CISG, gives insight into the drafters' unterstanding on the eve of the 1980 Vienna Diplomatic Conference.

Commentary on the Draft Convention on Contracts for the International Sale of Goods, prepared by the Secretariat (UN Doc. A/CONF.97/5), in: United Nations Conference on Contracts for the International Sale of Goods, Vienna, 10 March – 11 April 1980, Official Records: Documents of the Conference and Summary Records of the Plenary Meetings and of the Meetings of the Main Committees, New York: United Nations (1991), pp. 14 et seq., at pp. 58—60

CISG-AC Opinion regarding Art. 74 CISG

CISG-AC Opinion No. 6 ‘Calculation of Damages under CISG Article 74’ (Rapporteur: John Y. Gotanda), adopted by the CISG Advisory Council at its 10th meeting in Stockholm (Sweden) in Spring 2006

Overview of case law on Art. 74 CISG: UNCITRAL Digest

The UNCITRAL Digest on the CISG can be used as a starting point to discover the relevant case law on this article.

2016 UNCITRAL Digest of case law on Art. 74 CISG