1. The text of the [1978 draft of the ] United Nations Commission on International Trade Law provided as follows:
"Article 73 [became CISG article 77 ]
"The party who relies on a breach of contract must take such measures as are reasonable in the circumstances to mitigate the loss, including loss of profit resulting from the breach. If he fails to take such measures, the party in breach may claim a reduction in the damages in the amount which should have been mitigated."
2. An amendment was submitted to article 73 [became CISG article 77 ] by the United States of America (A/CONF.97/C.1/L.228).
3. This amendment was to the following effect:
United States (A/CONF.97/C.1/L.228):
[Rejected: see Consideration, 5, below.]
C. Proceedings in the First Committee
(i) Meetings4. The First Committee considered this article at its 30th meeting on 31 March 1980 [see also 37th meeting of First Committee].
5. At the 30th meeting, the amendment by the United States of America (A/CONF.97/C.1/L.228) was rejected by a vote of 8 in favour and 24 against, and the UNCITRAL text adopted.
[For subsequent Conference material on the development/approval of the final text of CISG article 77, go to Plenary Conference 11th meeting]
[English translation of report on the significance of the deliberations on this article at the Diplomatic Conference: prepared by Peter Schlechtriem, based on notes taken at the conference and published shortly thereafter]
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