LSB 4633 Lecture Notes - Lecture 10: Consequential Damages, Liquidated Damages, Fundamental Breach

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The cisg includes provisions for monetary damages for both the buyer and the seller. The party claiming damages bears the burden of proving both the existence and amount. The party must also establish the causal relationship between the damages and the. The parties can always control damages in the body of the contract itself of the damages breach. In this lecture we examine the damages available under the cisg. Damages equal the sum of money which a person wronged is entitled to receive from. In general, we say that a party is entitled to receive her expectation interest. The cisg says that the aggrieved party must be put in as good a position as if the other party had fully performed. Establishing liability is a prerequisite to recovering damages. The common law has a no-fault approach. In the event of anticipatory breach parties will have: Right to avoid performance for anticipatory breach.

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