 | Todd Weiler - 2005 - 838 sivua
...ad abundantiam that the same basic principles are met in common law. The rule of English law is that "where a party sustains a loss by reason of a breach...to damages, as if the contract had been performed" (Robinson v. Harman (1848) 1 Exch.850, at 855; and in particular as to loss of profits see Anson's... | |
 | Basil Markesinis, Michael Coester, Guido Alpa, Augustus Ullstein - 2005 - 296 sivua
...v. Ford [1996] PIQR Q72. Principle of full compensation According to classical contract doctrine,2 'where a party sustains a loss by reason of a breach...to damages, as if the contract had been performed '.Tort law, by contrast, seeks to put the victim in the position he was in before the tort. In personal... | |
 | Andrew P. Morriss, Samuel Estreicher - 2005 - 1026 sivua
...of damages for wrongful dismissal was set out in a case in 1848 ie '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.' In other words, the prima facie measure of damages will be a sum equivalent to the pay which would... | |
 | James O'Donovan - 2005 - 776 sivua
...the award of damages for breach of contract, as stated by Baron Parke in Robinson v Harman62 is that "where a party sustains a loss by reason of a breach...with respect to damages, as if the contract had been performed."63 There are two broad categories of damages for breach of contract: expectation damages... | |
 | Nili Cohen, Ewan McKendrick - 2005 - 369 sivua
...agreement.33 The final step to an award of damages is taken by the law itself in the well-known rule that 'where a party sustains a loss by reason of a breach...with respect to damages, as if the contract had been performed'.34 The crucial thing to recognise here is that the contract itself determines which of the... | |
 | Wilfred Abraham, Maria Isabel De Almeida Alvarenga - 2005 - 442 sivua
...common law position in the assessment of damages. Parke R in Robinson v. Harman (1848) 1 Ex. 850: "... where a party sustains a loss by reason of a breach...same situation with respect to damages, as if the of the joint venture, where such knowledge was communicated to the vendor with sufficient intention... | |
 | Thomas Telford Limited - 2007 - 1052 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...to damages, as if the contract had been performed' per Parke B, Robinson v. Harmon [1 848] I Exch 850, 855. (b) As a general rule, damages for breach... | |
 | Heinz Weidt - 2008 - 292 sivua
...Vertragsbruchs wurde von Baron Parke folgendermaßen formuliert: „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".81 Aus dem zweiten Halbsatz geht hervor, dass das englische Recht trotz der grundsätzlichen... | |
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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. 
