Non-pecuniary loss in commercial contracts with special emphasis on the United Nations Convention on Contracts for the International Sale of Goods (CISG)

dc.contributor.advisorChristie, R.H.
dc.contributor.authorDupont, Alain
dc.date.accessioned2026-02-25T13:14:32Z
dc.date.available2026-02-25T13:14:32Z
dc.date.issued2008
dc.date.updated2026-02-25T13:02:36Z
dc.description.abstractHow should we deal with situations where non-pecuniary loss is caused by a breach of contract? While non-pecuniary loss is often discussed and broadly accepted in the field of tort law, it has remained rather unnoticed in writings concerned with contract law. The question shall be examined in this thesis with regard to different countries and with particular emphasis on the United Nations Convention on Contracts for the International Sale of Goods.1 The perspective on this issue is a personal one; one of a lawyer coming from a civil law system familiar with Swiss terminology.2 A comparative approach of damages implicates several difficulties. First of all, there is no commonly accepted definition of damage. As a principle, damage can be recovered only if the loss or harm occurred is damage in the eyes of the law.3 One can therefore only ask if non-pecuniary loss is acknowledged by a certain system rather than generally. Furthermore, the issue of limiting damages is an integral part of any legal regulation of damages. Certainty and predictability in the rules on damages is achieved on the theoretical basis for regulation of the mechanism of limiting damages.
dc.identifier.apacitationDupont, A. (2008). <i>Non-pecuniary loss in commercial contracts with special emphasis on the United Nations Convention on Contracts for the International Sale of Goods (CISG)</i>. (). University of Cape Town ,Faculty of Law ,Department of Private Law. Retrieved from http://hdl.handle.net/11427/42912en_ZA
dc.identifier.chicagocitationDupont, Alain. <i>"Non-pecuniary loss in commercial contracts with special emphasis on the United Nations Convention on Contracts for the International Sale of Goods (CISG)."</i> ., University of Cape Town ,Faculty of Law ,Department of Private Law, 2008. http://hdl.handle.net/11427/42912en_ZA
dc.identifier.citationDupont, A. 2008. Non-pecuniary loss in commercial contracts with special emphasis on the United Nations Convention on Contracts for the International Sale of Goods (CISG). . University of Cape Town ,Faculty of Law ,Department of Private Law. http://hdl.handle.net/11427/42912en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Dupont, Alain AB - How should we deal with situations where non-pecuniary loss is caused by a breach of contract? While non-pecuniary loss is often discussed and broadly accepted in the field of tort law, it has remained rather unnoticed in writings concerned with contract law. The question shall be examined in this thesis with regard to different countries and with particular emphasis on the United Nations Convention on Contracts for the International Sale of Goods.1 The perspective on this issue is a personal one; one of a lawyer coming from a civil law system familiar with Swiss terminology.2 A comparative approach of damages implicates several difficulties. First of all, there is no commonly accepted definition of damage. As a principle, damage can be recovered only if the loss or harm occurred is damage in the eyes of the law.3 One can therefore only ask if non-pecuniary loss is acknowledged by a certain system rather than generally. Furthermore, the issue of limiting damages is an integral part of any legal regulation of damages. Certainty and predictability in the rules on damages is achieved on the theoretical basis for regulation of the mechanism of limiting damages. DA - 2008 DB - OpenUCT DP - University of Cape Town KW - Private Law LK - https://open.uct.ac.za PB - University of Cape Town PY - 2008 T1 - Non-pecuniary loss in commercial contracts with special emphasis on the United Nations Convention on Contracts for the International Sale of Goods (CISG) TI - Non-pecuniary loss in commercial contracts with special emphasis on the United Nations Convention on Contracts for the International Sale of Goods (CISG) UR - http://hdl.handle.net/11427/42912 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/42912
dc.identifier.vancouvercitationDupont A. Non-pecuniary loss in commercial contracts with special emphasis on the United Nations Convention on Contracts for the International Sale of Goods (CISG). []. University of Cape Town ,Faculty of Law ,Department of Private Law, 2008 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/42912en_ZA
dc.language.isoen
dc.language.rfc3066eng
dc.publisher.departmentDepartment of Private Law
dc.publisher.facultyFaculty of Law
dc.publisher.institutionUniversity of Cape Town
dc.subjectPrivate Law
dc.titleNon-pecuniary loss in commercial contracts with special emphasis on the United Nations Convention on Contracts for the International Sale of Goods (CISG)
dc.typeThesis / Dissertation
dc.type.qualificationlevelMasters
dc.type.qualificationlevelLLM
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