Q 74-26 a) Is there a way to derogate from Arts 74-77 CISG? Cf. also C 74-8. b) What do we call such clauses, and what is their eﬀect? c) What factors are relevant in determining the degree to which such a clause displaces the CISG provisions? d) Which law governs the question of whether such a contract clause is valid or not? e) If the limiting clause is found to be invalid, what law will displace it?

doi:10.4324/9780203945445-204

Chapter

Q 74-26 a) Is there a way to derogate from Arts 74-77 CISG? Cf. also C 74-8. b) What do we call such clauses, and what is their eﬀect? c) What factors are relevant in determining the degree to which such a clause displaces the CISG provisions? d) Which law governs the question of whether such a contract clause is valid or not? e) If the limiting clause is found to be invalid, what law will displace it?

Chapter

ABSTRACT

If the contract is avoided and if, in a reasonable manner and within a reasonable time after avoidance, the buyer has bought goods in replacement or the seller has resold the goods, the party claiming damages may recover the diﬀerence between the contract price and the price in the substitute transaction as well as any further damages recoverable under article 74.