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Full-Text Articles in Law
"Possible Consequences" As Contained In Article 74 Of The Convention For The International Sale Of Goods (Cisg): Friend Of Foe?, Norbert Altvater
"Possible Consequences" As Contained In Article 74 Of The Convention For The International Sale Of Goods (Cisg): Friend Of Foe?, Norbert Altvater
Norbert Altvater
Canadian lawyers have been reluctant to use CISG for sales transactions between jurisdictions with well developed sale of goods régimes. This stems in great part from their fear of the potential interpretation of the phrase “possible consequences” in Article 74 and the attendant liability to which that may expose their clients. Article 74 of CISG states that the damages which may be recovered “may not exceed the loss which the party in breach foresaw ... as a possible consequence of the breach.” This is often erroneously seen as being significantly broader that the concept of foreseeablility at common law. In …
Zapata Retold: Attorneys' Fees Are (Still) Not Governed By The Cisg, Harry Flechtner, Joseph Lookofsky
Zapata Retold: Attorneys' Fees Are (Still) Not Governed By The Cisg, Harry Flechtner, Joseph Lookofsky
Articles
In this work, the authors reiterate and expand on their conclusion that the question of reimbursement for attorney fees incurred in the course of litigating a claim under the United Nations Sales Convention (CISG) is beyond the scope of the CISG, and is governed by domestic law. As discussed in the paper, this conclusion is in line with a recent CISG Advisory Council Opinion (Advisory Council Opinion No. 6) dealing with the calculation of damages under Article 74 of the CISG. We argue that relegating to domestic law the question of recovering attorney fees incurred during litigation over a CISG …