![]() While the second shipment of compressors was en route in Italy, the buyer discovered that the seller's compressors from the first lot were non-conforming, and so rejected the compressors and cancelled the contract. The buyer started a legal action to recover damages suffered because of the seller's breach. ![]() The court stated that the seller had breached the contract by failing to supply conforming compressors, and held that the buyer was entitled to recover damages as per Art. ![]() ![]() 74 CISG in a sum equal to the loss, including loss of profit, although not in excess of the amount reasonably envisaged by the parties. 74 CISG seeks to provide the injured party with the benefit of the bargain, including both its expectation interest and its reliance expenditures.Īs to the amount of damages the court granted the buyer:Ī) damages incurred as a result of the buyer's attempts to cure the non-conformity of the goods, including the costs of subsequent reinspection and testing ī) damages incurred in expediting the shipment and the delivery of compressors that the buyer had previously ordered from a third party: according to the court the buyer was entitled to expedite the shipment under Art.
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