Liquidated damages, Agreed damages, Convention on International Sale of Goods, CISG, Behavioral decision theory, BDT, Super-compensatory damages
Contracts | International Law | International Trade Law | Legal Remedies
In this brief comment, I apply behavioral decision theory to the question of the enforcement in transnational sales of super-compensatory agreed damages. I conclude that a good case can be made that such damages provisions should be enforced.
Hillman, Robert A., "Remedies and the CISG: Another Perspective" (2005). Cornell Law Faculty Publications. Paper 562.
Published in: International Review of Law and Economics, vol. 25, no. 3 (September 2005).