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Cornell Law Faculty Publications

2005

Agreed damages

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Remedies And The Cisg: Another Perspective, Robert A. Hillman Sep 2005

Remedies And The Cisg: Another Perspective, Robert A. Hillman

Cornell Law Faculty Publications

In this brief comment, I apply behavioral decision theory to the question of the enforcement in transnational sales of super-compensatory agreed damages. I conclude that a good case can be made that such damages provisions should be enforced.