ANNOTATED TEXT OF CISG
Article 76

(2) For the purposes of the preceding paragraph, the current price is the price prevailing at the place where delivery of the goods should have been made or, if there is no current price at that place, the price at such other place as serves as a reasonable substitute, making due allowance for differences in the cost of transporting the goods.

Legislative history || Case law || Scholarly writings || Links to related articles || Words and phrases || CISG (full-text)

Guide to this article

• UNCITRAL outline of issues present
  
• Editoral analysis of this article with cross-references to related subjects [not yet available]
  
• Secretariat Commentary (closest counterpart to an Official Commentary on this article)
  • Match-up of this article with the 1978 draft
  (to validate Secretariat Commentary)
• Use of the UNIDROIT Principles to help interpret CISG Article 76 [partial presentation]
• Use of the Principles of European Contract Law to help interpret CISG article 76
  • Match-ups with Continental and Common Law domestic rules, doctrine and jurisprudence

• Roadmap to the legislative history of this article
• Legislative history of this article: long form
• Legislative history of this article: short form
  • Chronology of development of Article 76 at the 1980 Vienna Diplomatic Conference
• Summary of UNCITRAL legislative history
• Hague Convention antecedents
  • Article 76 match-up with ULIS
  • ULIS (full-text) and André Tunc Commentary on ULIS

• For further information on CISG case law (material not in this database), go to Unilex: click for a description of the contents of this service. Also of considerable utility are the compendium of case citations and the CISG bibliography contained in Michael R. Will, Twenty Years of International Sales Law Under the CISG: International Bibliography and Case Law Digest, Kluwer Law International (2000). Prof. Will's materials are presented on the CD-Rom edition of the database.

• Selected monographs and anthologies (English language)

• Comments on Article 76 from 1999 text by John O. Honnold [U.S.] [available in CD-ROM edition only]

• Comments on Article 76 from seminal 1986 text by Peter Schlechtriem [Germany]

• Comments on Article 76 from monograph by Jacob S. Ziegel [Canada]

• Citations to materials on this article in other texts (selected texts only)
• Selected law journal articles and other commentaries

• Harry M. Flechtner [United States], excerpt from Remedies Under the New International Sales Convention: The Perspective from Article 2 of the U.C.C., 8 Journal of Law and Commerce (1988) 53-108

• Jeffrey S. Sutton [U.S.], Measuring Damages under the United Nations Convention on the International Sale of Goods, 50 Ohio State Law Journal (1989) 737-752
• To identify other relevant commentaries, go to Bibliography and Bibliography Search Form [damage* (stem for damages) and remed* (stem for remedy/remedies) are search form entries you may wish to consider]

  Our bibliography contains thousands of citations in 24 languages; we encourage you to tailor your own bibliography search to the specific aspect of this article that you are researching.

Links to related articles

• Article 76 [Damages based on current price] is part of the section entitled Damages. This section contains four articles. For links to the other three articles, go to Annotated Text of Article 74 [General rules for measuring damages]; go to Annotated Text of Article 75 [Damages established by substitute transaction]; go to Annotated Text of Article 77 [Mitigation of damages]

• Also relevant are the CISG's provisions on exemptions, go to Annotated Text of Article 79 [Impediment excusing party from damages] (the CISG's counterpart to force majeure); go to Annotated Text of Article 80 [Failure of Performance caused by other party]

• For the CISG's provisions on interest, go to Annotated Text of Article 78 [Interest on sums in arrears]; and go to Annotated Text of Article 84 [Restitution of benefits] (interest provision contained in Article 84(1))

Words, phrases and concepts

• formula for calculating the amount due (76(1)). Colloquy at Diplomatic Conference. OR 222-223, paras. 38-50 [OR = Official Records of the United Nations Conference on Contracts for the International Sale of Goods, Vienna 10 March - 11 April 1980, A/CONF. 97/19]

• reasonableness [76(2)]: In addition to being specifically mentioned in this article, reasonableness is a general principle of the CISG
  • For the definition of reasonableness recited in the Principles of European Contract Law and references to reasonableness in Continental and Common Law domestic rules, doctrine and jurisprudence, go to PECL article 1:302 and the comment and notes prepared for this provision

  • To drive home the correlation between the PECL's definition of reasonableness and the evident same meaning of this term to CISG legislators when they used the concept either specifically or as a general principle of the uniform law they drafted, see overview comments and comments that illustrate the similar manner in which this concept fits the CISG