If a non-breaching party avoids a contract and elects to sue for loss opportunity damages, Article 76 of the CISG allows him to recover the difference between the contract price and the market price:

Question

Quizplus · Accepted Answer

Article 76 of the CISG states that the non-breaching party can recover the difference between the contract price and the current price at the time of avoidance. This implies that the non-breaching party can recover the market price at the time of avoidance, not at the time of formation or filing of the lawsuit.

If a Non-Breaching Party Avoids a Contract and Elects to Sue