国际商法5单元演示文稿.pptVIP

III. Remedies for Breach of contracts By April 1994, the price has risen twice as much as that stated in the contract. In June, S purchased the goods from other supplier and claimed for the differences between contractual price and the actual price he paid for the goods. Who should be responsible for the differences between the prices? What measure should the buyer take to reduce the loss as a result of the seller’s breach of contract? 第31页/共51页 III. Remedies for Breach of contracts Suggested answer: The seller should be responsible for the difference between the contractual price and the market price. But Due to the buyer’s omission, he didn’t exercise his duty to mitigate damages(降低损害). He could have reduced the loss by obtaining substitutes from other suppliers within a reasonable time, say, in March. Therefore, the buyer may resume the expanded loss resulting from his omission. 第32页/共51页 IV. Passing of risk Under CISG, the allocation of risks may be considered by taking into account the parties’ agreement and the means of delivery(根据双方的约定和交货方式). 1. The parties may state expressly the time for the passage of risks in their contract or use the trade terms to decide the time for the passage of risks. 第33页/共51页 IV. Passing of risk 2. Passing of risk when the contract involves carriage of goods (1) When a contract requires the seller to deliver the goods to a carrier for shipment without giving a particular place, the risk passes when the goods are delivered to the first carrier. 第34页/共51页 IV. Passing of risk 2. Passing of risk when the contract involves carriage of goods (2) The risk does not pass to the buyer until the goods are clearly identified to the contract.P167 第35页/共51页 IV. Passing of risk 3. Passing of risk with goods in transit When the goods are sold in transit, the risk passes when the contract is concluded unless the seller knew or should have known that the goods had been lost and didn’t tell the buyer about it. 第36页/