Found inside – Page 75-263Indeed , the only opinion it expressed in this case was just the In consequence , claims which are opposite . ... the Board , Medico determinations prescribed by the contract , while claims for breach of contract - those argued that the Board “ is ... Found inside – Page 1741585 . election not to continue the service contracted an for and an attempted repudiation of the con : breach of contract is attempted to be shown by ( Tex.Civ.App.1914 ) ... Bare and entitles the opposite party to abandon the v . Victoria Coal ... Part IV of this essay draws the necessary comparison between the two alternatives in terms of economic efficiency. Found inside – Page 242If the probability of breach rises due to congestion, ... the probability of breach, possesses two characteristics that work in opposite directions when it ... Found insideA Common Law Approach to Contracts Tracey E. George, Russell Korobkin ... (See Diamond, The Tort of Bad Faith Breach of Contract: When, If at All, ... Found inside – Page 290To exercise his right to terminate, the empowered party merely needs to transmit a declaration of intention to the other party; the consent of the opposite ... Found inside – Page 30must be drawn between expenditure incurred before and after the contract . ... decisions take the opposite view , 244 which is also supported in ENGLAND . The Fundamentals of Contract Law and Clauses will prove to be an invaluable resource in the classroom, as it will support law students in becoming preventive lawyers by teaching them how to preempt problems, reduce risks and add value to ... Jurisprudence - Essential Law Texts deals with the two main schools of jurisprudence, which are positivism and naturalism and also off-shoot movements of the positivist school, such as the historical and sociological schools of ... Found inside – Page 11Moreover , the structure of the conTINENTAL EUROPEAN civil codes is based upon historically perceived contractual ... same can be said e.g. in respect to the distinctions made by CIVIL LAW systems among the various types of breach of contract . ... 54 In case of an obligation to do nothing it is , of course , the opposite – the breach is committed by doing something contrary to the obligation of nondoing . Found inside – Page 104Turn Any Business Contract to Your Advantage Laura Plimpton ... As a breach of contract lawsuit, because this contract contains a provision for ... Found inside – Page 10The psychological contract is based on perceived agreement rather than actual agreement between ... Contract fulfillment is the opposite of contract breach; ... Found inside – Page 91181 ALR3d or emotional distress are generally 1119 . not recoverable for a breach of a Measure of damages for breach contract ( 8 3 ) . The reported cases of contract to will property . 65 that dealt with the existence of ALR3d 632 . exceptions to ... "This paper examines the sharing of risk under three different remedies for breach of contract. Seminar paper from the year 2007 in the subject Business economics - Law, grade: 1,0, Otto-von-Guericke-University Magdeburg (Faculty of Economics and Management), course: Law and Economics, 30 entries in the bibliography, language: English ... Found inside – Page 278Therefore, the boundary between torts and contracts has become an important issue. ... in damages for breach of contract cases (but not impossible5). Found inside – Page 24The opposite party is not required to accept a tender of a breach of the contract , but he may elect to keep the contract in force for the purpose for which it was made ; and in such case his own obligation , as well as that of the other party , will ... Found inside – Page 70Its effect is quite the opposite. The contract is brought to an end.3 Despite being in opposition with performance, termination as a remedy for breach of ... When the record company realizes just how much of a power couple we are; they serve us with a summons for breach of contract, expecting us to roll over. But there’s two things they can’t silence. Our voices, and our love. Found inside – Page 913 Where , for example , defects in a building arose from the breach by the architect and the builder of their respective contract with the person who ... Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches. Found inside – Page 215Where there is a breach of on the Mississippi river opposite St . Louis , three miles the agreement an action will lie for the ... be no breach no action will lie , as an implied ascompany at that point made a contract with appellant sumpsit does not ... Found inside – Page 47In the opposite case that the parties underestimate the future side payment the ... Contract remedies, renegotiation, and the theory of efficient breach. Found inside – Page 39A party may recover punitive damages for a fraud claim based upon economic losses related to the performance and subject matter of a breached contract. The compensation or remedies after the breach of contract has been important agenda in the legal studies. This volume presents a well-analyzed inside view of Chinese contract law in theory and practice, which will be of interest to both academic researchers and practitioners in this area. Found inside – Page 588... purchase agreement opposite word " agent , " for breach of agreement to install utilities and pave road to property involved , court's determination that it was intention of parties that husband be personally liable for performance of contract is ... Found inside... of Y–Z from terminating the contract.157 This differs from efficient breach ... parties to a contract want to persuade each other of the exact opposite ... Found inside – Page 33A party cannot claim breach of contract for failure of the opposite party to a contract to perform an unimportant thing . The law recognizes substantial performance as actual performance . This does not mean that a party cannot put such terms in ... Found inside – Page 168-21Respondent posits that the restriction of cive acts of the opposite party . ... The record in and that the restriction was not a breach bethis case does ... Found inside – Page 529and deliberate breach of contract is obvious. That is not allowable. ... (This case is distinctly the opposite.) Mr. Justice Cardozo, in the course of his ... Found inside – Page 1306In this paper , we argue that if one allows buyers to breach exclusive contracts and pay expectation damages , then the opposite is true . While an incumbent generally cannot use exclusive contracts to monopolize a market when buyers are ... Found inside... under the Hongkong Fir doctrine.228 The opposite conclusion may be reached if the contractual description is 'substantial' or 'fundamental' breach. Found inside – Page 111otherwise be breach of contract situations , that very few circumstances are construed as not " arising under the contract . Found inside – Page 497App . 187 ) for its breach , a verdict for the plaintiff was WILLIAMS V. JOHNSON - BROWN CO . unauthorized , and it ... sued Williams upon understood by the agent and such opposite a written contract , alleging that on October party that no ... This book argues that motives for committing breach of contract should matter in the application of remedies in contract. Found inside – Page 270of remedies for breach of contract? ... and mutual agreement, such a move reflects a diametrically opposite set of values, of confrontation and antagonism. Volume I of this series examines the remedies for breach of contract in the laws of China, India, Japan, Korea, Taiwan, Singapore, Malaysia, Hong Kong, Korea, and Thailand. Found inside – Page 87Breach was assessed with a content-based measure (e.g., Kickul et al., 2001) in which ... Finally, since breach does not necessarily imply the opposite of ... Found inside – Page 314American courts have usually been reluctant to give damages for emotional distress in breach of contract. If the promise is one to assume a duty to protect ... 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