Direct loss Direct loss is, firstly, the reduction of value of the goods due to their non-conformity. The aggrieved buyer is allowed to have the non-conformity cured at the expense of the seller. The aggrieved party is, furthermore, entitled to receive remuneration for the expenses it incurred in pre-contractual negotiations, in performing a contract or removing goods as well as costs for reselling and marketing and other costs incurred under substitute transactions. 4. Incidental loss a) In general According to the principle of full compensation set out in Art. 74 CISG, incidental damages are recoverable as well. Incidental damages include expenditure for making delivery, storing and preserving non-conforming goods, shipping and customs costs incurred when returning the goods, repairing any damage to goods that has since occurred, or installing substitute goods. The main question is whether the losses which the aggrieved party seeks to recover have become futile due to the defective performance of the other party. b) Special cases aa) Expenditure for debt collection and costs of legal proceedings A prominent problem under the damages rules of the CISG is whether the expenditure for debt collection is recoverable. See thereto the following case abstracts. 74-2

DOI link for Direct loss Direct loss is, firstly, the reduction of value of the goods due to their non-conformity. The aggrieved buyer is allowed to have the non-conformity cured at the expense of the seller. The aggrieved party is, furthermore, entitled to receive remuneration for the expenses it incurred in pre-contractual negotiations, in performing a contract or removing goods as well as costs for reselling and marketing and other costs incurred under substitute transactions. 4. Incidental loss a) In general According to the principle of full compensation set out in Art. 74 CISG, incidental damages are recoverable as well. Incidental damages include expenditure for making delivery, storing and preserving non-conforming goods, shipping and customs costs incurred when returning the goods, repairing any damage to goods that has since occurred, or installing substitute goods. The main question is whether the losses which the aggrieved party seeks to recover have become futile due to the defective performance of the other party. b) Special cases aa) Expenditure for debt collection and costs of legal proceedings A prominent problem under the damages rules of the CISG is whether the expenditure for debt collection is recoverable. See thereto the following case abstracts. 74-2

Direct loss Direct loss is, firstly, the reduction of value of the goods due to their non-conformity. The aggrieved buyer is allowed to have the non-conformity cured at the expense of the seller. The aggrieved party is, furthermore, entitled to receive remuneration for the expenses it incurred in pre-contractual negotiations, in performing a contract or removing goods as well as costs for reselling and marketing and other costs incurred under substitute transactions. 4. Incidental loss a) In general According to the principle of full compensation set out in Art. 74 CISG, incidental damages are recoverable as well. Incidental damages include expenditure for making delivery, storing and preserving non-conforming goods, shipping and customs costs incurred when returning the goods, repairing any damage to goods that has since occurred, or installing substitute goods. The main question is whether the losses which the aggrieved party seeks to recover have become futile due to the defective performance of the other party. b) Special cases aa) Expenditure for debt collection and costs of legal proceedings A prominent problem under the damages rules of the CISG is whether the expenditure for debt collection is recoverable. See thereto the following case abstracts. 74-2