contract-cover and contract-market price differential

18:36 Nov 25, 2019
English to Polish translations [PRO]
Law/Patents - Law (general)
English term or phrase: contract-cover and contract-market price differential
However, a party who fails to take reasonable measures to mitigate loss cannot recover for the loss which could have been mitigated, and the principle should apply even as regards a prospective failure to perform: once a party has reason to know that performance by the other party will not be forthcoming, he is expected to take such affirmative steps as are appropriate in the circumstances to avoid loss. And as in domestic law, so under the CISG: the avoidability principle determines the point in time at which we calculate the contract-cover and contract-market price differentials.
becky_sharp
Poland


Summary of answers provided
3zabezpieczenie umowne i rozpiętość umownych cen rynkowych (różnice)
Kamila Ołtarzewska
2zabezpieczenie umowne i różnica między ceną umowną a rynkową
mike23


  

Answers


45 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
zabezpieczenie umowne i rozpiętość umownych cen rynkowych (różnice)


Explanation:
dosłownie - ceny rynkowej
Słownik Jaślanów - str. 216

Kamila Ołtarzewska
Poland
Specializes in field
Native speaker of: Native in PolishPolish
PRO pts in category: 44
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19 hrs   confidence: Answerer confidence 2/5Answerer confidence 2/5
zabezpieczenie umowne i różnica między ceną umowną a rynkową


Explanation:
contract-cover and contract-market price differential

zabezpieczenie umowne i
różnica między ceną umowną a rynkową

Tak chyba powinno być.

§ 2-713. Buyer's Damages for Non-delivery or Repudiation.

(1) Subject to the provisions of this Article with respect to proof of market price (Section 2-723), the measure of damages for non-delivery or repudiation by the seller is the difference between the market price at the time when the buyer learned of the breach and the contract price together with any incidental and consequential damages provided in this Article (Section 2-715), but less expenses saved in consequence of the seller's breach.

(2)Market price is to be determined as of the place for tender or, in cases of rejection after arrival or revocation of acceptance, as of the place of arrival.
https://www.law.cornell.edu/ucc/2/2-713

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Note added at 22 hrs (2019-11-26 16:39:34 GMT)
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C. Computation of Damages

Although we agree that the district court properly concluded that TTS violated the contract, we remain uncertain as to the time of breach and disagree with the court's computation of damages.

The rules for measuring damages are very simple. When a seller breaches the contract, the buyer has two possible remedies. First, he may attempt to cover and obtain goods in substitution for those due from the seller. See Cal.Com.Code Ann. § 2711(1)(a) (West 1964).3 If he covers, he can recover the difference between the cost of cover and the contract price together with any incidental or consequential damages. Id. § 2712(2). Consequential damages are those damages which did not arise within the scope of RBM's transactions with TTS, but which stemmed in a foreseeable way from losses incurred by RBM as a result of TTS's breach. Id. § 2715(2)(a). The profits that RBM lost from its resale of the refurbished trailers are one form of consequential damages. See Milgard Tempering, Inc. v. Selas Corp. of America, 902 F.2d 703, 710-11 (9th Cir.1990) (awarding consequential damages in the form of lost profits where the buyer was unable to produce up to capacity as a result of the faulty performance of the purchased equipment); Dura-Wood Treating Co. v. Century Forest Indus., Inc., 675 F.2d 745, 755 (5th Cir.1982) (recognizing as a general proposition that consequential damages include the lost profits from a buyer's dealings with a third party), cert. denied, 459 U.S. 865, 103 S.Ct. 144, 74 L.Ed.2d 122 (1982).

The buyer's second remedy is to recover the difference between the market price and the contract price. Id. § 2711(1)(b), 2713(1). In this case the contract-market price differential is the difference between the market price of the unmodified trailers TTS agreed to provide RBM and the contract price of those trailers. The buyer can also recover consequential damages under this second remedy but only if they could not have been reasonably prevented by cover or otherwise. Id. § 2715(2)(a). If a buyer could have covered, but chose not to do so, then he cannot recover consequential damages. The buyer would only be allowed to recover the contract-market price differential.
https://law.resource.org/pub/us/case/reporter/F2/945/945.F2d...

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Note added at 22 hrs (2019-11-26 16:45:53 GMT)
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So I read it as follows: the contract-market price differential is the difference between the market price of the goods agreed to provide to the Buyers and the contract price of the said goods at the time of breach by the Sellers.

mike23
Poland
Local time: 19:59
Specializes in field
Native speaker of: Native in PolishPolish
PRO pts in category: 1730
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