Selected Cases by Article & Issues
Article 74154 Cases
Damages for breach of contract by one party consist of a sum equal to the loss, including loss of profit, suffered by the other party as a consequence of the breach. Such damages may not exceed the loss which the party in breach foresaw or ought to have foreseen at the time of the conclusion of the contract, in the lights of the facts and matters of which he then knew or ought to have known, as a possible consequence of the breach of contract.
| Number | Issue | # Cases |
|---|---|---|
| 1 | Right to claim damages | 34 |
| 1.1 | Losses suffered due to breach | 76 |
| 1.1.1 | Lost profits | 33 |
| 1.1.2 | Devaluation of currency | 7 |
| 1.2.3 | Costs for legal assistance | 12 |
| 2 | Limitations | 2 |
| 2.1 | Unforeseeable losses | 16 |
| 2.2 | Mitigable losses | 2 |
| 3 | Burden of proof | 4 |
| 4 | Penalty and liquidated damages clauses | 7 |
| 4.1 | Validity determined by (applicable) domestic law | 4 |
| 5 | Contractual agreements to limit damages | 3 |
| 5.1 | Validity determined by (applicable) domestic law | |
| 6 | Place of payment of damages | 1 |