The Foreseeability Doctrine in Contractual Damage Cases

Vékás, Lajos (2002) The Foreseeability Doctrine in Contractual Damage Cases. Acta Juridica Hungarica, 43 (1-2). pp. 145-174. ISSN 1216-2574

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Abstract

This study makes the proposal to introduce the contract remoteness test into the Hungarian civil law as a principal restriction on compensatory damages. The author sums up the development of the reasonable contemplation test in the English common law first formulated in Hadley v. Baxendale. He compares it with Art. 1150 of the Code civil, Art. 252 of the German BGB and Art. 74 of the Vienna Sales Convention, before making his proposal for the new Hungarian Civil Code.

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