TITLE	Supreme Court Decision 2021Da255655 Decided September 27, 2023 ¡¼Damages (Etc.)¡½ [full Text]
Summary
¡¼Main Issues and Holdings¡½ [1] Whether the duty to mitigate the loss prescribed in Article 77 of the United Nations Convention on Contracts for the International Sale of Goods 1980 can be seen as identical to limitation of liability, the principle under which the amount corresponding to a certain proportion of the total loss amount is reduced (negative), and whether limitation of liability may be possible, despite the nonexistence of a specific provision concerning limitation of liability aside from Article 77, according to the general principles of the United Nations Convention on Contracts for the International Sale of Goods 1980 concerning a fair distribution of losses (affirmative) [2] Scope of damages stipulated in Article 74 of the United Nations Convention on Contracts for the International Sale of Goods 1980 and standards for determination of the foreseeability of losses

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