Foreseeability of loss under Art. 75, 76 CISG

While Art. 74, sentence 2 CISG contains a limitation of the damages to the loss "which the party in breach foresaw or ought to have foreseen at the time of the conclusion of the contract, [...] as a possible consequence of the breach of contract", Articles 75 and 76 CISG do not contain any such indication in their respective wording. Nevertheless, the extension of Art. 74, sentence 2 CISG has been discussed in case law.

  • Foreseeability under Art. 74, sentence 2 CISG limits also damages under Art. 75, 76 CISG
Czech Republic
Coke fuel case
Sąd Najwyższy (Supreme Court of Poland)
Poland, 20 January 2015 – V CSK 254/14, CISG-online 5063

This is the last judgment in a case that was brought before the Polish Supreme Court for four times. Art. 74, sentence 2 CISG was applied to limit the damages under Art. 76 CISG. Since only 20% of the price increase in coke was foreseeable, the damages of over EUR 4 million were reduced to just over EUR 800.000.