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MEMORANDUM FOR CLAIMANT

MEMORANDUM FOR CLAIMANT

MEMORANDUM FOR CLAIMANT

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Rheinische Friedrich-Wilhelms-Universität Bonn<br />

VII. EQUAFILM is entitled to claim damages for lost<br />

profit in the amount of $ 575,477.98<br />

A. RESPONDENT’s breach of contract entitles <strong>CLAIMANT</strong> to claim<br />

damages<br />

B. <strong>CLAIMANT</strong> suffered lost volume damages in the amount of $ 575,477.98<br />

as a consequence of RESPONDENT’s breach<br />

a. <strong>CLAIMANT</strong> is entitled to recover its loss of profit 29<br />

b. <strong>CLAIMANT</strong> was in a lost volume situation 30<br />

c. <strong>CLAIMANT</strong>’s loss of profit was a consequence of RESPONDENT’s<br />

breach<br />

d. <strong>CLAIMANT</strong> lost profit in the amount of $ 575,477.98 31<br />

C. The damages were foreseeable to RESPONDENT 31<br />

D. <strong>CLAIMANT</strong> did not fail to take measures to mitigate its loss according to<br />

Art. 77 CISG<br />

VIII. <strong>CLAIMANT</strong> is entitled to interest on the damages 32<br />

A. Art. 78 CISG grants the right to claim interest on damages 32<br />

B. <strong>CLAIMANT</strong> is entitled to interest from the date payment was due 33<br />

Request for relief 34<br />

28<br />

29<br />

29<br />

30<br />

32<br />

VI

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