Article 74 makes three basic decisions. First, damages are always monetary compensation (Article 74 sentence 1). Second, the loss to the party affected must have been caused by the other party's breach, whether this was a result of a late or non-conforming performance or of no performance at all, or because the goods are directly or partly unusable because they are burdened with third-party claims (Article 74 sentence 1).[393] Finally, the only damages that must be compensated are those which the party in breach foresaw or ought to have foreseen at the time of the conclusion of the contract. The historical roots and development of and the basic idea behind this rule on the limitation of damages have been the subject of many commentaries.[394] The underlying idea is that the parties, at the conclusion of the contract, should be able to calculate the risks and potential liability they assume by their agreement.[395] Judicial discretion in the assessment of damages can be reduced by standardizing the damages in question, but exceptions must remain for individual cases where a typically unforeseeable risk of damage has been assumed by the party in breach. The assessment of the possible types of damages - which makes it possible to describe concretely the risk each party can be said to have assumed [396] - will be especially difficult with respect to consequential damages caused by defective goods to the person or property of the buyer. In most domestic legal systems, such violations belong to the domain of non-contractual liability, including products liability for injuries caused by defective goods. Article 5 entirely removes personal injuries from the sphere of application of the Convention. But a broader formulation - which would have excluded product liability even for property damage - could not be agreed upon in Vienna.[397] Therefore, in the event such damages were foreseeable to the seller, they can be awarded under CISG. In assessing this forseeability, the usual or intended use by the buyer should be the decisive factor. Even in cases where there is contractual liability under the Convention, domestic provisions for liability in tort should not be displaced.[398] [page 97]