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 American Law Register - Página 5141855Visualização completa - Sobre este livro
| Isaac Franklin Russell - 1909 - 756 páginas
...is in strict accordance with the plainest principles of justice. It affirms nothing more than that where a party sustains a loss by reason of a breach of a contract, he shall, so far as money can do it, be placed in the same situation with respect to damages,... | |
| Colin Blackburn Baron Blackburn - 1910 - 862 páginas
...by Parke, B., in Robinson v. Harmon " (1848), 1 Ex. at p. 855, that ' where a party sustains a " i loss by reason of a breach of contract, he is, so...' respect to damages, as if the contract had been per" i formed.'" Conditional sale. Evidence may be given of non-compliance with warranty to reduce... | |
| James Parker Hall, James De Witt Andrews - 1910 - 460 páginas
...Whenever a suit is brought, founded upon a breach of contract, if the plaintiff is entitled to recover, he is "so far as money can do it, to be placed in...to damages, as if the contract had been performed" (7). See the article on Damages in Volume XI of this work. § 111. Rescission of contract or sale.... | |
| William Blake Odgers, Walter Blake Odgers - 1911 - 962 páginas
...the parties at the time they made the contract. A wider rule was formerly laid down by Parke, B.: " Where a party sustains a loss by reason of a breach of contract lie is, so far as money can do it, to be placed in the same situation with respect to damages as if... | |
| Hugh Evander Willis - 1914 - 306 páginas
...of defendant's promise." § 215. In case of the breach of a contract, the party injured is entitled, so far as money can do it, to be placed in the same situation as though the contract had been performed. Nominal damages are recoverable for the mere violation of... | |
| Edward Betley Brown, L. S. Le Vernois, Esten Kenneth Williams - 1915 - 1002 páginas
...Fotohergill, supra, at p. 207. " Thie is an exception to the ordinary rule of common law, that where a person sustains a loss by reason of a breach of contract, he is prima facie entitled, so far as money can do it, to be placed in the same situation with respect to... | |
| Frederick Pollock, Robert Campbell, Oliver Augustus Saunders, Arthur Beresford Cane, Joseph Gerald Pease, William Bowstead - 1915 - 916 páginas
...correct rule is laid down, by PARKE, B., in Robinson v. Harman(£): " The rule of the common law is, that where a party sustains a loss by reason of a breach...to be placed in the same situation, with respect to (1) 3T. R. at p. 678, n. LJCP 98). (2) 6 B. & C. 31. -H °> (4) 1 Ex. 855 ; 18 LJ Ex. 202. LO.K damages,... | |
| Sir Robert Harry Inglis Palgrave, Robert Harry Inglis Palgrave - 1901 - 824 páginas
...entitled to receive compensation in money from the party who failed to perform the contract. He is "as far as money can do it to be placed in the same situation as if the contract had been performed." The causal connection between the non-performance and the loss... | |
| 1917 - 1296 páginas
...loss by renson of a breach of a contract, he shall, so far as money can do It, be placed in the snme situation with respect to damages as If the contract had been performed." [2] The defendant is not precluded upon this appeal from raising this question. Spencer v. Hardin,... | |
| 1919 - 994 páginas
...contract have been often stated, but nowhere more succinctly than by Parke, B., in Robinson v. Harman- : 'Where a party sustains a loss by reason of a breach...to damages, as if the contract had been performed.' " It is plain, I think, that a considerable sum of money would require to be paid to the pursuers if... | |
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