Article 75 of the Convention is part of the set of
rules and principles that provide the law of damages
in the CISG. CISG article 75 regulates the operation
of a substitute transaction, which is adopted in most
legal systems as well as in basic multilateral instruments
such as the CISG and the PECL. Pursuant to CISG art.
75, as a result of a breach of contract the aggrieved
party may carry out a substitute transaction in a reasonable
manner and within a reasonable time after avoidance
and may recover the difference between the contract
price and the price of the substitute transaction.
 The
same issue is regulated in substantively identical terms
in PECL art. 9:506. However, the drafters of the PECL
go further and in other provisions of the European Principles
define terms that may help the interpretation and application
of PECL art. 9:506 and its counterpart CISG provision.
CISG
article 75 provides a method for measuring damages when
a party avoids a contract, usually due to a fundamental
breach by the other party. This provision represents
a specific application of CISG art. 74, which states
the general rule for the measurement of damages.
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