A comparative and normative analysis of the remoteness test in the availability of significant remedies in international sales transactions

Beheshti, Reza (2016) A comparative and normative analysis of the remoteness test in the availability of significant remedies in international sales transactions. Journal of Business Law, 5 . pp. 289-310. ISSN 0021-9460

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Abstract

This article focuses on the remoteness of loss. It will be shown that the availability of damages under legal regimes created by the main international conventions, such as the United Nations Convention on Contracts for the International Sale of Goods, are essentially the same, although there are some wording dissimilarities in the rules dealing with the remoteness test. However, the implications of the absence of a remoteness test for the possibility of termination in the Sale of Goods Act 1979 will be explored. It will be argued that the Sale of Goods Act 1979 is more flexible and more effective in satisfying commercial buyers’ needs than might be assumed.

Item Type: Article
RIS ID: https://nottingham-repository.worktribe.com/output/783882
Additional Information: Beheshti, Reza. A comparative and normative analysis of the remoteness test in the availability of significant remedies in international sales transactions (April 24, 2016). Journal of Business Law, Issue 5, p. 289-310, 2016, Sweet and Maxwell reproduced with permission of Thomas Reuters (Professional) UK Limited. This extract is taken from the author's original manuscript and has not been edited. The definitive, published, version of record is available here: http://www.sweetandmaxwell.co.uk/Catalogue/ProductDetails.aspx?recordid=476&productid=7128
Keywords: Commercial law, Sales contracts, International sales transactions, Remedies, Foreseeability of loss
Schools/Departments: University of Nottingham, UK > Faculty of Social Sciences > School of Law
Related URLs:
URLURL Type
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2769499UNSPECIFIED
http://www.sweetandmaxwell.co.uk/Catalogue/ProductDetails.aspx?recordid=476&productid=7128UNSPECIFIED
Depositing User: Williams, Suzanne
Date Deposited: 07 Feb 2017 14:19
Last Modified: 04 May 2020 17:45
URI: https://eprints.nottingham.ac.uk/id/eprint/40358

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