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Dodging Windfalls: Damages Based On Market Price, Actual Loss, And Appropriate Awards, John Gotanda
Dodging Windfalls: Damages Based On Market Price, Actual Loss, And Appropriate Awards, John Gotanda
John Y Gotanda
This article draws on the underlying policy of the United Nations Convention on Contracts for the International Sale of Goods (CISG) to demonstrate that Article 76’s market damages approach permits an aggrieved party in certain circumstances to recover damages in excess of the aggrieved party's actual loss for the breach of the underlying contract. While at first glance this result may appear to be at odds with the principles of full compensation and mitigation, in reality, it is not. It is consistent with the text of the CISG damages provisions. In addition, it effectuates the parties' allocation of risk in …