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

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 so...

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Main Author: Beheshti, Reza
Format: Article
Published: Sweet and Maxwell 2016
Subjects:
Online Access:https://eprints.nottingham.ac.uk/40358/
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author Beheshti, Reza
author_facet Beheshti, Reza
author_sort Beheshti, Reza
building Nottingham Research Data Repository
collection Online Access
description 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.
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spelling nottingham-403582020-05-04T17:45:13Z https://eprints.nottingham.ac.uk/40358/ A comparative and normative analysis of the remoteness test in the availability of significant remedies in international sales transactions Beheshti, Reza 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. Sweet and Maxwell 2016-04-24 Article PeerReviewed 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 Commercial law Sales contracts International sales transactions Remedies Foreseeability of loss
spellingShingle Commercial law
Sales contracts
International sales transactions
Remedies
Foreseeability of loss
Beheshti, Reza
A comparative and normative analysis of the remoteness test in the availability of significant remedies in international sales transactions
title A comparative and normative analysis of the remoteness test in the availability of significant remedies in international sales transactions
title_full A comparative and normative analysis of the remoteness test in the availability of significant remedies in international sales transactions
title_fullStr A comparative and normative analysis of the remoteness test in the availability of significant remedies in international sales transactions
title_full_unstemmed A comparative and normative analysis of the remoteness test in the availability of significant remedies in international sales transactions
title_short A comparative and normative analysis of the remoteness test in the availability of significant remedies in international sales transactions
title_sort comparative and normative analysis of the remoteness test in the availability of significant remedies in international sales transactions
topic Commercial law
Sales contracts
International sales transactions
Remedies
Foreseeability of loss
url https://eprints.nottingham.ac.uk/40358/