Selected Cases by Article & Issues
Article 7.4.229 Cases
(1) The aggrieved party is entitled to full compensation for harm sustained as a result of the non-performance. Such harm includes both any loss which it suffered and any gain of which it was deprived, taking into account any gain to the aggrieved party resulting from its avoidance of cost or harm.
(2) Such harm may be non-pecuniary and includes, for instance, physical suffering or emotional distress.
| Number | Issue | # Cases |
|---|---|---|
| 1 | Harm suffered due to non-performance | 5 |
| 2 | Full compensation for harm sustained | 12 |
| 2.1 | Material harm | 2 |
| 2.1.1 | Losses suffered due to non-performance | 3 |
| 2.1.2 | Lost profits | 9 |
| 2.2 | Non-material harm | 5 |
| 2.2.1 | Pain and suffering | 3 |
| 2.2.2 | Loss of certain amenities of life | |
| 2.2.3 | Aesthetic prejudice | |
| 2.2.4 | Attacks on honour or reputation | 1 |
| 2.2.5 | Forms of compensation for non-material harm | |
| 2.2.6 | Punitive Damages | 1 |
| 3 | No enrichment of the aggrieved party | 1 |