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LEGISLATIVE HISTORY
Legislative history of CISG article 77:
Match-up with 1978 Draft to assess relevance of Secretariat Commentary

     1978 Draft article 73                           CISG article 77                               

The party who relies on a breach of con-   A party who relies on a breach of con-                                          
tract must take such measures as are       tract must take such measures as are                                            
reasonable in the circumstances to miti-   reasonable in the circumstances to miti-                                        
gate the loss, including loss of profit,   gate the loss, including loss of profit,                                        
resulting from the breach. If he fails to  resulting from the breach. If he fails to                                       
take such measures, the party in breach    take such measures, the party in breach                                         
may claim a reduction in the damages in    may claim a reduction in the damages in                                         
the amount which should have been          the amount by which the loss should                                             
mitigated.                                 have been mitigated.                                                            


Editorial comments
The only modification to 1978 Draft article 73 were to substitute "A" for
"The" at the outset and to revise the last clause to read: damages in the
amount "by which the loss" should have been mitigated.  The Secretariat
Commentary on 1978 Draft article 73 should therefore be relevant to the
interpretation of CISG article 77.

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