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
  
• Editorial 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
• Editorial analysis: Bruno Zeller [Australia]
• Use of the Principles of European Contract Law to help interpret CISG article 76
  • Editorial analysis: Jonathan Yovel [Israel]
  • Match-ups with Continental and Common Law domestic rules, doctrine and jurisprudence
• CISG-Advisory Council Opinion No. 8: Calculation of Damages under Articles 75 and 76 of the CISG

• 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
  • See also the Report of the Special U.S. Committee, dated 1 December 1964,
    explaining why the United States elected not to adopt either ULIS or ULF

• CASES INVOLVING CISG ARTICLE 76
  • Computer list of annotated cases

• For a companion report on CISG case law and other material, go to Unilex: click for description of and link to this excellent service

• See also:
  • UNCITRAL digest

  • UNCITRAL digest + added cases
  • See also United States 10 January 2011 Federal District Court [Missouri] (Semi-Materials Co., Ltd. v. MEMC Electronic Materials, Inc., et al.)

• Selected monographs and anthologies
• Comments on Article 76 by Jacob S. Ziegel [Canada] at 1984 Parker School seminar of the American Association for the Comparative Study of Law: Ch. 9, pp. 39-41

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

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

• Comments on Article 76 by Victor Knapp [Czechoslovakia] in 1987 Bianca-Bonell Commentary on the International Sales Law
• Comments on Article 76 by John O. Honnold [U.S.] in the 3rd ed. (1999) of the most frequently cited text on the CISG: Uniform Law for International Sales
• Comments on Article 76 in December 2000 text by Joseph Lookofsky [Denmark / U.S.]
• Commentarios al Articulo 76 sobre textos de 2001 por Pilar Perales [España]

• Comments on damages upon termination from 2003 text by Liu Chengwei [China]
• See also the helpful Enderlein & Maskow text (cited below under the words and phrases section of this Annotated Text material)

• 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

• Jennifer Offermanns [Germany], Damages Arising Out of a Cover Purchase within the Framework of Articles 74 to 77 CISG, 10 Vindobona Journal of International Commercial Law and Arbitration (1/2006) 1-14

• Peter Schlechtriem [Germany], Damages, avoidance of the contract and performance interest under the CISG (2006) 15 p.

• Peter Schlechtriem [Germany], Calculation of damages in the event of anticipatory breach under the CISG (2007) 14 p.

• 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
• Jelena Vilus [Yugoslavia], Provisions Common to the Obligations of the Seller and the Buyer, in: Sarcevic & Volken ed., International Sale of Goods: Dubrovnik Lectures, Oceana (1986) 239-264
• Supplementary list of citations to Article 76 commentaries: Unilex citations*

  * Most members of the Autonomous Network of CISG Websites also offer bibliographies. Many are tailored, concentrating on commentaries by authors from or writing on CISG issues of special interest to specific countries or regions; some, e.g. CISG online are general and extensive; some, e.g., CISG-Belgium and CISG-Finland also list commentaries by individual articles of the CISG.

• To identify other relevant commentaries, go to the cisgw3 Bibliography and Bibliography Search Form [damages and remedies are search form entries you may wish to consider]

  Bibliography citations on damages

  Citations on remedies

  We also encourage you to tailor your own cisgw3 bibliography search to the specific aspect of this article that you are researching.*

  * The cisgw3 bibliography contains over 500 pages of citations. Analyzing these listings can pay dividends.

Links to related articles

Attention to related articles and to the CISG in its entirety is important. This is an autonomous law, i.e., it is meant to be construed within its four corners. When considering aspects of the CISG, because this law relies heavily on general principles, one ought to look at related provisions and the CISG in its entirety.

• 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

• The Enderlein & Maskow text is a good place to commence words and phrases research. Click for their analysis of words, phrases and concepts in this article.

  See also:

• 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

For a Doctoral thesis on "Reasonableness" in International Commercial Law, go to Guillaume Weiszberg, Le "Raisonnable" en Droit du Commerce International [pour le doctorat en droit de l’Université Panthéon-Assas (Paris II), 7 novembre 2003]