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

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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 t...

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Main Author: Dupont, Alain
Other Authors: Christie, R.H.
Format: Thesis
Language:English
English
Published: Department of Private Law 2026
Subjects:
Private Law
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access_status_str Open Access
author Dupont, Alain
author2 Christie, R.H.
author_browse Christie, R.H.
Dupont, Alain
author_facet Christie, R.H.
Dupont, Alain
author_sort Dupont, Alain
collection Thesis
description 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.
format Thesis
id oai:open.uct.ac.za:11427/42912
institution University of Cape Town (South Africa)
language English
eng
last_indexed 2026-06-10T12:33:05.164Z
license_str Not specified — see source repository
provenance_str_mv Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository
publishDate 2026
publishDateRange 2026
publishDateSort 2026
publisher Department of Private Law
publisherStr Department of Private Law
record_format dspace
source_str UCTD — University of Cape Town Open Access Repository
spelling oai:open.uct.ac.za:11427/42912 Non-pecuniary loss in commercial contracts with special emphasis on the United Nations Convention on Contracts for the International Sale of Goods (CISG) Dupont, Alain Christie, R.H. Private Law 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. 2026-02-25T13:14:32Z 2026-02-25T13:14:32Z 2008 2026-02-25T13:02:36Z Thesis / Dissertation Masters LLM http://hdl.handle.net/11427/42912 en eng application/pdf Department of Private Law Faculty of Law University of Cape Town
spellingShingle Private Law
Dupont, Alain
Non-pecuniary loss in commercial contracts with special emphasis on the United Nations Convention on Contracts for the International Sale of Goods (CISG)
thesis_degree_str Master's
title Non-pecuniary loss in commercial contracts with special emphasis on the United Nations Convention on Contracts for the International Sale of Goods (CISG)
title_full Non-pecuniary loss in commercial contracts with special emphasis on the United Nations Convention on Contracts for the International Sale of Goods (CISG)
title_fullStr Non-pecuniary loss in commercial contracts with special emphasis on the United Nations Convention on Contracts for the International Sale of Goods (CISG)
title_full_unstemmed Non-pecuniary loss in commercial contracts with special emphasis on the United Nations Convention on Contracts for the International Sale of Goods (CISG)
title_short Non-pecuniary loss in commercial contracts with special emphasis on the United Nations Convention on Contracts for the International Sale of Goods (CISG)
title_sort non pecuniary loss in commercial contracts with special emphasis on the united nations convention on contracts for the international sale of goods cisg
topic Private Law
url http://hdl.handle.net/11427/42912
work_keys_str_mv AT dupontalain nonpecuniarylossincommercialcontractswithspecialemphasisontheunitednationsconventiononcontractsfortheinternationalsaleofgoodscisg

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