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

Beheshti, Reza

Authors



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.

Citation

Beheshti, R. (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,

Journal Article Type Article
Acceptance Date Jan 20, 2015
Publication Date Apr 24, 2016
Deposit Date Feb 7, 2017
Publicly Available Date Feb 7, 2017
Journal Journal of Business Law
Print ISSN 0021-9460
Electronic ISSN 0021-9460
Publisher Sweet and Maxwell
Peer Reviewed Peer Reviewed
Volume 5
Keywords Commercial law, Sales contracts, International sales transactions, Remedies, Foreseeability of loss
Public URL http://eprints.nottingham.ac.uk/id/eprint/40358
Related Public URLs https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2769499
http://www.sweetandmaxwell.co.uk/Catalogue/ProductDetails.aspx?recordid=476&productid=7128
Copyright Statement Copyright information regarding this work can be found at the following address: http://eprints.nottingham.ac.uk/end_user_agreement.pdf
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

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Copyright Statement
Copyright information regarding this work can be found at the following address: http://eprints.nottingham.ac.uk/end_user_agreement.pdf





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