Q 74-18 Art. 74 allows for liabilities towards third parties to be compensated. What are the requirements for this compensation, and how are such damages to be limited? Q 74-19 a) Is loss of reputation necessarily reflected in money? b) Does the CISG allow for (non-material) loss of goodwill? Cf. C 74-6. c) Compare the solution under the CISG with the UP 2004 and the PECL. Can you see any differences? Q 74-20 a) Which level of proof did the court in C 74-7 apply for establishing loss of reputation? b) Why would it place an insurmountable burden on the aggrieved party if it were required to calculate the damages for loss of reputation exactly? Q 74-21 In some legal systems, damages are awarded for the mere loss of a chance. For example, where the owner of a horse, as a result of delays in transport, arrives too late to run in a race, it may be able to recover a certain amount of the prize money if it can be established that the horse was the favourite to win. a) Does the CISG cover the loss of a chance? b) Could there be other theoretically possible solutions? Cf. Art. 7.4.2(2) UP 2004. c) Can you imagine why the CISG and the UP 2004 differ on the question of the recoverability of loss of a chance? d) Is Art. 7.4.3(2) UP 2004 a feasible rule, or can you see some difficulties in its application? Art. 74, sentence 2 CISG

DOI link for Q 74-18 Art. 74 allows for liabilities towards third parties to be compensated. What are the requirements for this compensation, and how are such damages to be limited? Q 74-19 a) Is loss of reputation necessarily reflected in money? b) Does the CISG allow for (non-material) loss of goodwill? Cf. C 74-6. c) Compare the solution under the CISG with the UP 2004 and the PECL. Can you see any differences? Q 74-20 a) Which level of proof did the court in C 74-7 apply for establishing loss of reputation? b) Why would it place an insurmountable burden on the aggrieved party if it were required to calculate the damages for loss of reputation exactly? Q 74-21 In some legal systems, damages are awarded for the mere loss of a chance. For example, where the owner of a horse, as a result of delays in transport, arrives too late to run in a race, it may be able to recover a certain amount of the prize money if it can be established that the horse was the favourite to win. a) Does the CISG cover the loss of a chance? b) Could there be other theoretically possible solutions? Cf. Art. 7.4.2(2) UP 2004. c) Can you imagine why the CISG and the UP 2004 differ on the question of the recoverability of loss of a chance? d) Is Art. 7.4.3(2) UP 2004 a feasible rule, or can you see some difficulties in its application? Art. 74, sentence 2 CISG

Q 74-18 Art. 74 allows for liabilities towards third parties to be compensated. What are the requirements for this compensation, and how are such damages to be limited? Q 74-19 a) Is loss of reputation necessarily reflected in money? b) Does the CISG allow for (non-material) loss of goodwill? Cf. C 74-6. c) Compare the solution under the CISG with the UP 2004 and the PECL. Can you see any differences? Q 74-20 a) Which level of proof did the court in C 74-7 apply for establishing loss of reputation? b) Why would it place an insurmountable burden on the aggrieved party if it were required to calculate the damages for loss of reputation exactly? Q 74-21 In some legal systems, damages are awarded for the mere loss of a chance. For example, where the owner of a horse, as a result of delays in transport, arrives too late to run in a race, it may be able to recover a certain amount of the prize money if it can be established that the horse was the favourite to win. a) Does the CISG cover the loss of a chance? b) Could there be other theoretically possible solutions? Cf. Art. 7.4.2(2) UP 2004. c) Can you imagine why the CISG and the UP 2004 differ on the question of the recoverability of loss of a chance? d) Is Art. 7.4.3(2) UP 2004 a feasible rule, or can you see some difficulties in its application? Art. 74, sentence 2 CISG