The Impact of Duty to Mitigation of Damage on the Concrete Method Calculation of Damages in the International Sale of Goods and its comparative study of Iran’s Law

Subject Areas : Journal of Iranian Social Development Studies

ALI AGHAYARI ¹ , Masood Reza Ranjbar ² , Mostafa Mandegar ³ , Seyed Hekmat Olah Askari ⁴

1 -
2 - Assistant Professor department of Private Law, Islamic Azad University, Shiraz Branch,, Iran
3 - Assistant Professor department of Private Law, Islamic Azad University, Shiraz Branch
4 - Assistant Professor department of Private Law, Islamic Azad University, Shiraz Branch

Received: 2020-05-23 Accepted : 2020-06-22 Published : 2007-12-22

Keywords: Principle of Full Compensation for Damages, Concrete Method Calculation of Damages, Abstract Calculation Method of Damages, International Sale of Goods, Duty to Mitigation of Damage,

Abstract :

Concrete calculation method of damages has been identified as one of the methods of damages assessment in both CISG and in the domestic law system of many countries. Applying a concrete method is needed when injured party claims damages recovery of the difference between the contract price and the price in the substitute transaction from the breaching party. The implementation of this procedure is the result of applying the principle of Full Compensation of Damages and its application is in accordance with the Duty to Mitigation of Damages, Because by applying the Concrete calculation method of damage, the injured party takes reasonable and conventional measures to reduce the damage. The goal is to bring the injured party in the position of compliance with the contract. Although this method is not provided for in the law of Iran, but there is no impediment for the courts to apply this method of compensation. According to the provisions of the CISG, injured party claiming damages may recover the difference between the contract price and the price in the substitute transaction as well as any further damages.