The present paper provides a critical assessment, in historical and comparative perspective, of the rules contained in the Chapter on Damages of the proposed Common European Sales Law. It arrives at the following conclusions: (i) The foreseeability rule, entrenched in a number of national legal...

In his autobiographical account ‘My Life as a Lawyer’ Ole Lando wrote: ‘I set out to try and unify the substantive contract law in the EU. My efforts started in 1976’. These efforts were to lead to the publication of the Principles of European Contract Law (PECL) in 1995 (Part I), 2002...

The present essay continues a line of research commenced elsewhere in that it analyses two rules contained in the Chapter on "Damages and Interest" in the Draft Common European Sales Law (CESL) in comparative and historical perspective. Even though the CESL has now been withdrawn, it still...

At the beginning of the year, the Draft Common Frame of Reference (DCFR) was published. The text is the result of the work of a broad range of private law scholars from the Member States of the European Union, and it presents itself as an ‘academic’ document, committed to the precepts of...