The rule of the common law is, that where a party sustains a loss by reason of a breach of contract, he is, so far as money can do it, to be placed in the same situation, with respect to damages, as if the contract had been performed. The Law Times - Стр. 451870Полный просмотр - Подробнее о книге
| Alfred William Brian Simpson - 1987 - Страниц: 458
...(1848) 21 : " The rule of the common law is, that where a party sustains a loss by reason of a breach of contract, he is, so far as money can do it, to be...to damages, as if the contract had been performed." But there are earlier formulations of a principle which was formulated in terms of giving the plaintiff... | |
| E. Lauterpacht, C. J. Greenwood - 1992 - Страниц: 728
...common law. The rule of English law is that "where a party sustains a loss by reason of a breach of contract, he is, so far as money can do it, to be...to damages, as if the contract had been performed" (Robinson v. Harmon (1848) 1 Exch. 850, at 855; and in particular as to loss of profits: Anson's Law... | |
| R. Rayfuse - 1993 - Страниц: 758
...common law. The rule of English law is that "where a party sustains a loss by reason of a breach of contract, he is, so far as money can do it, to be...to damages, as if the contract had been performed" (Robinson \. Harman ( 1 848) 1 Exch . 850, at 855 ; and in particular as to loss of profits: Anson's... | |
| M. P. O'Reilly - 1996 - Страниц: 428
...Parke B. said: "The rule of common law is, that where a party sustains a loss by reason of a breach of contract, he is, so far as money can do it, to be...to damages, as if the contract had been performed". The claimant must demonstrate that he has suffered the loss27 and that the damage is attributable to... | |
| Eugene Cotran, Chibli Mallat - 1996 - Страниц: 612
...this nature, where goods had to be imported from foreign countries, the supplier was at least entitled to be placed in the same situation with respect to damages as if the contract had been performed. Loss of profits which the supplier could reasonably have been expected to earn may well, in such circumstances,... | |
| Peter Birks - 1996 - Страниц: 362
...Harman: The rule of the common law is, that where a party sustains a loss by reason of a breach of contract, he is. so far as money can do it, to be placed in the same situation, with respects to damages, as if the contract had been performed.8 But the full compensation principle is... | |
| Thomas Lundmark - 1998 - Страниц: 264
...Ex. 855: the rule of the common law is, that where a party sustains a loss by reason of a breach of contract, he is, so far as money can do it, to be...to damages, as if the contract had been performed. "Incidental damages" are damages incurred incidental to the breach. These might, for example, include... | |
| Andrew S. Burrows - 1998 - Страниц: 249
...below. said, "The rule of common law is that, where a party sustains a loss by reason of a breach of contract, he is, so far as money can do it to be placed...to damages, as if the contract had been performed." Traditionally, under the doctrine of "privity of contract", only a party to the contract (that is,... | |
| Megan Richardson, Gillian Kereldena Hadfield - 1999 - Страниц: 156
...Robinson v Harmon (1848) 154 ER 363 at 365 is that "where a party sustains a loss by reason of a breach of contract, he is, so far as money can do it, to be...to damages, as if the contract had been performed". Commonwealth v Amann, discussed next, shows the inherent ambiguity of that formulation. 3.1 Commonwealth... | |
| 2000 - Страниц: 904
...common law is, that where a party sustains a loss by reason of a breach of contract, he is. so tar as money can do it. to be placed in the same situation,...to damages, as if the contract had been performed' per Parke B, Robinson v. Harman (1848) 1 Exch 850, 855. (b) As a general rule, damages for breach of... | |
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