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Comparison Between the Provisions of the CISG on Mitigation of Losses (Art. 77) and the Counterpart Provisions of PECL (Art. 9:505)

Zeller, Bruno (2005) Comparison Between the Provisions of the CISG on Mitigation of Losses (Art. 77) and the Counterpart Provisions of PECL (Art. 9:505). Working Paper. Pace Law School, New York, USA.

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Abstract

Mitigation is a principle which is an obligation in the common law but not clearly defined in civil law. In arbitration practices mitigation has become a general principle of international trade and Mustill refers to the principle as "(to) constitute the lex mercatoria in its present form."(1) He went further by noting that mitigation is merely treated as obvious.(2)

Item Type: Monograph (Working Paper)
Uncontrolled Keywords: mitigation of losses; common law; international trade; PECL; CISG
Subjects: RFCD Classification > 390000 Law, Justice and Law Enforcement
Faculty/School/Research Centre/Department > School of Law
Depositing User: Mr Angeera Sidaya
Date Deposited: 18 Oct 2005
Last Modified: 23 May 2013 16:37
URI: http://vuir.vu.edu.au/id/eprint/90
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