Study On Mitigation Rule In International Sale Of Goods

Nowadays, the trade develops faster and faster, more and more Chinese enterprises engages in sale of goods, China’s using trade regulations become more and more frequent. However, there must be some disputes in the sale, so that there comes to the compensation for damages. There is a limited rule to the compensation, what is mitigation rule. It operates because it is to limit the damaged party, it should not wait for the enlargement of the damages, however, what it should do is to take active steps to avoid the enlargement of damages. This rule is a balance between the two parties, also it benefits to the deep relationship between the trade parties.The article will be divided into four parts, the first chapter mainly introduces the rule by it’s concept, law definition and the legal basis. This rule comes the first in an English case, the damaged party didn’t take some steps to set the horse so that the horse die by the hot weather, the court thinks that the damaged party didn’t do their best to prevent the enlargement of loss, these losses should not be support as long as the case will be suited to the court, then we know this rule and we can understand it by comparing with other rules. It also benefits to our country to choose which one to learn from. The second chapter introduces the method to judge whether it is reasonable. There is conflict between the mitigation rule and actual performance.The third chapter is the limit of the mitigation rule, and some fees will be in which party. This part uses lots of cases to describe the actual situation.The fourth part is mainly about our country’s law of this mitigation rule, it also puts the advice into our country, from the ordinary law to the special contract law. Our country will learn the advantages of western countries and put it into application.This article is to conclude a correct way to regular the application of mitigation rule, the method is mainly the analysis of the cases, we can have a conclusion that though it is a subjective standard to judge whether it is right or not, we can have a lot of experience to have a more objective standard to judge. It is not only the analysis of this rule, but also the whole standard to mitigation the loss.