完形填空题(10空，每空1.5分)

Claim Damages

In most cases, bona fide party to an international sales contract will do his best to _ 1__ his duties either as a seller or a buyer, after the conclusion of the contract. However, it is not rare that either party to a contract may fail to perform his duties, or his performance is _ _2___ with the terms provided on the contract. In case one party __3___ the contract, he may cause damage or loss to the other, who is entitled to take __4___ measures according to the contract and the law.

Most international sales contracts contain a claim clause in which the principles, time and applicable law of remedy are provided.

To claim damages is a major remedy for breach of contract.

According to the Convention, the buyer still maintains the right to claim damages even if he has resorted to other remedial measures. But how much should the damages be?

The principles for determining the sum of damages are __5___ in different laws. The Convention provides that damages for breach of contract consist of a sum __6__ to the loss, including loss of profit suffered by the injured party as a consequence of the breach, including loss of profit suffered by the injured party as a consequence of the breach, and the damages may not exceed the loss which the party in breach, and the damages may not exceed the loss which the party in breach foresaw or ought to have foreseen at the time of the conclusion of the contract, in the __7__ of the facts and matters of which he then knew or ought to have known. The basic principle for damages claim is that the damages paid will enable the economic state of the injured party to be recovered to that extent where the contract would have been performed.

In case of non-delivery, the buyer may declare the contract avoided. In a reasonable manner and within a reasonable time, the buyer may claim damages.

Two points are __8__ of special attention: first, according to the Convention and laws of many states, the buyer must take reasonable measures to __9__ further loss. If he does not do so, which causes further losses, he is not __10__ to claim damages for the further loss which could have been prevented; secondly, when the buyer claims damages, he does not have to prove whether the conduct of the seller contains any fault. If he can show evidences that the seller does not perform the obligations under the contract, which cause damages to him, the buyer may exercise the right to claim damages.

1. A. do B. make C. perform D. determine

2. A. inconsistent B. line C. comply D. term

3. A. abides B. breaches C. does D. works

4. A. potential B. useless C. advanced D. remedial

5. A. same B. differ C. varied D. similar

6. A. total B. quota C. equal D. offer

7. A. right B. wake C. light D. dependence

8. A. worthless B. worthy C. spending D. cost

9. A. prevent B. incur C. induce D. attract

10. A. right B. encouraged C. refuse D. entitled

参考答案：

(1-5) CABDC (6-10) CCBAD