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

Beheshti, Reza

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: https://nottingham-repository.worktribe.com/output/783882
• 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
• 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
• Contract Date: Feb 7, 2017