Q 74-8 On what do the courts focus when deciding whether debt collection costs should be recoverable or not? Cf. once again C 74-2, C 74-3. Q 74-9 Is there any possibility, at law, to impose attorneys’ fees on the other party under Art. 74 CISG? Cf. once again C 74-4. Q 74-10 Read the decision of the Amtsgericht Alsfeld in C 74-3, and answer the follow-ing questions. a) Why was the aggrieved party denied its debt collection costs? b) Would it have been able to recover them if the lawyer who represented it in court was the same as the lawyer who had tried to collect the out-standing sum? Which law would have governed that claim? Q 74-11 Do you see any practical difficulties resulting from the differentiation between extra-judicial legal costs, which are governed by the Convention, and judicial legal costs, which are outside the scope of the CISG? Q 74-12 What does C 74-4 state on the question of whether the aggrieved party will be compensated for the costs of legal proceedings? In particular, a) which law governs the costs of legal proceedings? b) due to what crucial reason did the court refuse to allow damages for legal expenses? c) why is it doubtful, according to C 74-4, that the USA would have signed the CISG if ‘loss’ was intended to include attorneys’ fees as well? Q 74-13 Are losses caused by currency fluctuations to be compensated? Cf. once again C 74-5. Q 74-14 a) How did the seller provide satisfying evidence in C 74-5? b) What standard of proof did the court apply? c) Is the question of standard of proof settled in the CISG? Try to find arguments for and against the position that it is governed by the CISG. 5. Consequential damages a) Loss of profit Loss of profit, the most prominent ‘indirect loss’, is expressly recognised as recover-able under Art. 74 CISG. Loss of profit is defined as the prevented augmentation of assets. Assessing loss of profit usually involves a prediction as to how the situation would have developed had the contract been fulfilled properly. On the inter-relation between loss of profit and other damages, as well as on the calculation of

DOI link for Q 74-8 On what do the courts focus when deciding whether debt collection costs should be recoverable or not? Cf. once again C 74-2, C 74-3. Q 74-9 Is there any possibility, at law, to impose attorneys’ fees on the other party under Art. 74 CISG? Cf. once again C 74-4. Q 74-10 Read the decision of the Amtsgericht Alsfeld in C 74-3, and answer the follow-ing questions. a) Why was the aggrieved party denied its debt collection costs? b) Would it have been able to recover them if the lawyer who represented it in court was the same as the lawyer who had tried to collect the out-standing sum? Which law would have governed that claim? Q 74-11 Do you see any practical difficulties resulting from the differentiation between extra-judicial legal costs, which are governed by the Convention, and judicial legal costs, which are outside the scope of the CISG? Q 74-12 What does C 74-4 state on the question of whether the aggrieved party will be compensated for the costs of legal proceedings? In particular, a) which law governs the costs of legal proceedings? b) due to what crucial reason did the court refuse to allow damages for legal expenses? c) why is it doubtful, according to C 74-4, that the USA would have signed the CISG if ‘loss’ was intended to include attorneys’ fees as well? Q 74-13 Are losses caused by currency fluctuations to be compensated? Cf. once again C 74-5. Q 74-14 a) How did the seller provide satisfying evidence in C 74-5? b) What standard of proof did the court apply? c) Is the question of standard of proof settled in the CISG? Try to find arguments for and against the position that it is governed by the CISG. 5. Consequential damages a) Loss of profit Loss of profit, the most prominent ‘indirect loss’, is expressly recognised as recover-able under Art. 74 CISG. Loss of profit is defined as the prevented augmentation of assets. Assessing loss of profit usually involves a prediction as to how the situation would have developed had the contract been fulfilled properly. On the inter-relation between loss of profit and other damages, as well as on the calculation of

Q 74-8 On what do the courts focus when deciding whether debt collection costs should be recoverable or not? Cf. once again C 74-2, C 74-3. Q 74-9 Is there any possibility, at law, to impose attorneys’ fees on the other party under Art. 74 CISG? Cf. once again C 74-4. Q 74-10 Read the decision of the Amtsgericht Alsfeld in C 74-3, and answer the follow-ing questions. a) Why was the aggrieved party denied its debt collection costs? b) Would it have been able to recover them if the lawyer who represented it in court was the same as the lawyer who had tried to collect the out-standing sum? Which law would have governed that claim? Q 74-11 Do you see any practical difficulties resulting from the differentiation between extra-judicial legal costs, which are governed by the Convention, and judicial legal costs, which are outside the scope of the CISG? Q 74-12 What does C 74-4 state on the question of whether the aggrieved party will be compensated for the costs of legal proceedings? In particular, a) which law governs the costs of legal proceedings? b) due to what crucial reason did the court refuse to allow damages for legal expenses? c) why is it doubtful, according to C 74-4, that the USA would have signed the CISG if ‘loss’ was intended to include attorneys’ fees as well? Q 74-13 Are losses caused by currency fluctuations to be compensated? Cf. once again C 74-5. Q 74-14 a) How did the seller provide satisfying evidence in C 74-5? b) What standard of proof did the court apply? c) Is the question of standard of proof settled in the CISG? Try to find arguments for and against the position that it is governed by the CISG. 5. Consequential damages a) Loss of profit Loss of profit, the most prominent ‘indirect loss’, is expressly recognised as recover-able under Art. 74 CISG. Loss of profit is defined as the prevented augmentation of assets. Assessing loss of profit usually involves a prediction as to how the situation would have developed had the contract been fulfilled properly. On the inter-relation between loss of profit and other damages, as well as on the calculation of