Limitations on damages: uncertainty

Limitations on damages Avoidability §350 (1) Luten, Parker Incomplete/defective performance – loss in value to P – loss in market value – cost to remedy or complete §348(2); Jacob & Youngs; Peevyhouse (But see Groves) Unforeseeability §351 Uncertainty §352 What may be uncertainty? fact of loss Collatz; but see §348 (3) extent of loss Fera Value of loss […]

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Law of Lawyers of PRC, the “Bill of Right” for Lawyers in China

Law of Lawyers of PRC, the “Bill of Right” for Lawyers in China Unlike the United States, China is a civil-law country with only one set of legal system operating in its mainland of China, which consists of one Supreme Court, thirty-four Highest Courts for each one of the provinces, and inferior courts guided by […]

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Adverse Possession – An Open Memo

ATTENTION PLEASE! Nobody can re-post the content of this page without authorization from the author of this Blog! MEMORANDUM To:   Partner From: Associate Re:   Campbell Matter – Adverse Possession Claim by Jeffersons Date:  November 7, 2013 ISSUE[K1] 1. Whether the Campbells can successfully defend against the adverse possession claim by the Jeffersons on the 3-foot […]

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Defense of A Third Party as Justification – A Closed Memo.

ATTENTION PLEASE! Nobody can re-post the content of this page without authorization from the author of this Blog! MEMORANDUM TO:    Law Firm Partner From:  Associate Re:    Memorandum Assignment Date:  September 18, 2013 ISSUE Whether Ms. Gael, who used physical force to protect third person, can successfully utilize defense of a third person as a justification […]

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Godaddy coupons with price lower than 3 dollars for a .com domain

Updated on Nov. 26, 2013 .com — $1.99 Click here and the coupon code will be applied automatically, just  go ahead and check out. All 35% discount. Click here and it will apply be applied automatically, just  go ahead and check out. ——– FOR GODADDY RENEWALS .com >> GDBB776 $8.49 .org >> CWM7 $8.99 .net >> […]

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Remedies for breach of contracts: Expectation, reliance and restitution interests

NOTES: Enforcement of a promise by specific performance limited availability grounds for denying damages are an adequate remedy 359(1), 360 bargain was unfair 364 (1)(c) other limits we have not seen Enforcement of a promise by judgement for money damages general availability possible measurements expectation reliance restitution nominal liquidated limitations avoidability, uncertanity, unforeseeability, etc. NOTES: […]

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Limitations on damages, avoidability

Limitations on damages Avoidability §350, Luten, Parker Incomplete/defective performance loss in value to plaintiff loss in market value cost to remedy or complete §348(2) Unforseeability §351 Uncertainty §352 §350. Avoidability as a Limitation on Damages (1) Except as stated in the subsection (2), damages are not recoverable for loss that the injured party could have […]

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Limitations on damages, unforeseeability

§351. (1) Damages are not recoverable for loss that the party in breach did not have reason to foresee as a probable result of the breach when the contract was made. (2) Loss may be foreseeable as a probable result of a breach because it follows from the breach (a) in the ordinary course of […]

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Limitations on damages, incomplete or defective performance

Limitations on damages Avoidability §350 (1) Luten, Parker Incomplete/defective performance – loss in value to P – loss in market value – cost to remedy or complete §348(2); Jacob & Youngs; Peevyhouse (But see Groves) Unforeseeability §351 Uncertainty §352 choices of remedy: 1. loss in value (difference in market value of the expected and received […]

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Indemnification for Corporation’s Directors and Officers

It is becoming harder and harder to persuade someone to be a director of a corporation in some sense that they will be liable for their misconduct in management and monetary damages. A provision eliminating or limiting the personal liability of a director to the corporation or its stockholders for monetary damages for breach of […]

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