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Arts. 45/61 CISG–PECL, by Chengwei Liu [China]

Published online by Cambridge University Press:  20 October 2009

Chengwei Liu
Affiliation:
Attorney-at-Law, Global Law Office, Beijing
John Felemegas
Affiliation:
University of Technology, Sydney
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Summary

a. Remedies available to a party are a key consideration for that party, particularly if the contract is breached. However, issues relating to the remedial provisions are difficult and have been the focus of a large part of the discussion and deliberation surrounding the application of commercial law. At the same time, no aspect of a system of contract law is more revealing of its underlying assumptions than is the law that prescribes the relief available for breach of contract. It is where a system's solutions to a large proportion of real-world disputes in commercial transactions are to be found. In practical terms, it may be said that the remedial scheme is the substantive heart of a particular system of contract law, which will be a powerful support for the harmonization of actual outcomes and will improve the reliability of the often unpredictable results of disputes.

b.Generally speaking, the remedies available to an aggrieved party for a breach of contract can in all significant legal systems be classified into three basic categories.

  • First, an aggrieved party may be able to claim specific performance. As such, specific performance hardly gives the aggrieved party exactly the performance to which he was entitled to, unless it is supplemented with some kind of an additional remedy, such as monetary relief.

  • Second, the aggrieved party may have the right to require substitutionary relief. A relevant relief here is compensation, and almost always a monetary compensation, for the loss that the party has suffered for performance not received.

  • […]

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  • Arts. 45/61 CISG–PECL, by Chengwei Liu [China]
  • Edited by John Felemegas, University of Technology, Sydney
  • Book: An International Approach to the Interpretation of the United Nations Convention on Contracts for the International Sale of Goods (1980) as Uniform Sales Law
  • Online publication: 20 October 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511511417.058
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  • Arts. 45/61 CISG–PECL, by Chengwei Liu [China]
  • Edited by John Felemegas, University of Technology, Sydney
  • Book: An International Approach to the Interpretation of the United Nations Convention on Contracts for the International Sale of Goods (1980) as Uniform Sales Law
  • Online publication: 20 October 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511511417.058
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Arts. 45/61 CISG–PECL, by Chengwei Liu [China]
  • Edited by John Felemegas, University of Technology, Sydney
  • Book: An International Approach to the Interpretation of the United Nations Convention on Contracts for the International Sale of Goods (1980) as Uniform Sales Law
  • Online publication: 20 October 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511511417.058
Available formats
×