 | Eugene Cotran, Chibli Mallat - 1996 - 612 sivua
...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,... | |
 | Thomas Lundmark - 1998 - 264 sivua
...to Parke B in the case of Robinson v. Harman , [1848] 1 Ex. 855: the rule of the common law is, that where a party sustains a loss by reason of a breach...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 - 249 sivua
...1361; Att.-Gen. v. Blake, [1998] i All ER 833; 140-5 below. said, "The rule of common law is that, where a party sustains a loss by reason of a breach...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 - 156 sivua
...general rule at common law, as stated by Parke B in Robinson v Harmon (1848) 154 ER 363 at 365 is that "where a party sustains a loss by reason of a breach...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 - 904 sivua
...losses? Two general principles underlie the law on loss and damage. (a) 'The rule of 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, with respect to damages, as if the contract... | |
 | Geoffrey Trickey, Mark Hackett - 2001 - 510 sivua
...Robinson -v- Harmon (1848) 1 Exch 850 in which Parke B said . . . The rule of the common law is, that where a party sustains a loss by reason of a breach...with respect to damages, as if the Contract had been (properly) performed . . . The interrelationship between head office overheads and profit 4.8.37 As... | |
 | Jennifer Corrin-Care - 2001 - 383 sivua
...a share of any profit made by the guilty party through the breach.24 The general rule is that: ... where a party sustains a loss by reason of a breach...so far as money can do it, to be placed in the same position with respect to damages, as if the contract had been performed. This does not mean that all... | |
 | Thomas E. Uher, Philip Davenport - 2002 - 422 sivua
...the case of Robinson v. Harman [1848] 1 Exch 850 where Baron Parke formulated the classic statement: 'Where a party sustains a loss by reason of a breach...to damages, as if the contract had been performed'. Applying that to damages for delay in handing over the work practically completed, the principal may,... | |
 | J. M. Smits - 2002 - 322 sivua
...equated receiving damages with receiving the contracted promise: 'The rule of the common law is that, where a party sustains a loss by reason of a breach...to damages, as if the contract had been performed'. Quoted in Burrows, Understanding 1998, 5. The fact that specific performance is not an action at common... | |
 | Hugh Collins - 2003 - 500 sivua
...good a position as if the contract had been properly performed. The rule of the common law is, that where a party sustains a loss by reason of a breach...with respect to damages, as if the contract had been performed.28 The courts are aware, however, that claims for loss of anticipated profits can amount... | |
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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. 
