Untitled research work

Abstract This commentary analyses Article 7.4.3 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the certainty of harm. Under Art 7.4.3, compensation is due only for harm, including future harm, that is established with a reasonable degree of certainty. Compensation may be due for the loss of a chance in proportion to the probability of its occurrence. If the amount of damages cannot be established with a sufficient degree of certainty, the assessment is at the discretion of the court. There is a link between the requirement that the harm must be proved with sufficient certainty and the requirement that there be a causal link between the harm and the non-performance. The burden of proof is upon the aggrieved party to establish both the existence and the extent of the harm with a reasonable degree of certainty.