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LEGISLATIVE HISTORY
Legislative history of CISG article 75:
Match-up with 1978 Draft to assess relevance of Secretariat Commentary

    1978 Draft article 71                                CISG article 75                                                                
                                                                                                                          
If the contract is avoided and if, in a     If the contract is avoided and if, in a                                     
reasonable manner and within a reason-      reasonable manner and within a reason-                                      
able time after avoidance, the buyer has    able time after avoidance, the buyer has                                    
bought goods in replacement or the          bought goods in replacement or the                                          
seller has resold the goods, the party      seller has resold the goods, the party                                      
claiming damages may recover the dif-       claiming damages may recover the dif-                                       
ference between the contract price and      ference between the contract price and                                      
the price in the substitute transaction     the price in the substitute transaction as                                  
and any further damages recoverable         well as any further damages recoverable                                     
under the provisions of article 70.         under article 74.                                                           


Editorial comments
Apart from an adjustment of the article reference to conform to the new
sequence ("article 74" rather than article 70"), the only modification to
1978 Draft article 71 was to change a conjunction to "as well as" rather
than "and".  The Secretariat Commentary on 1978 Draft article 71 should
therefore be relevant to the interpretation of CISG article 75.

To examine 1978 Draft provisions in context, go to the full-text of the 1978 Draft || To examine CISG provisions in context, go to the full text of the CISG