| Alured Nathaniel Myddelton Wilshere, John Indermaur, Alured Myddelton Wilshere - 1922 - 742 sivua
...interest (b). Damages.—The general rule for the assessment of damages for breach of contract is that "where a party sustains a loss by reason of a breach...to damages, as if the contract had been performed " (c). " The fundamental basis is thus compensation for pecuniary loss . . . but this first principle... | |
| John Davison Lawson - 1923 - 806 sivua
...measure of da-mages? § 478. Foundation Principle of Damages is Compensation. The rule of law is that where a party sustains a loss by reason of a breach...money can do it, to be placed in the same situation, as if the contract had been performed.1 In other words compensation 1 See post, § 485. 1 Robinson... | |
| Thomas Cyprian Williams, John Mason Lightwood - 1923 - 868 sivua
...entitled to any damages for the loss of his bargain (a) . The general rule of the common law is that, where a party sustains a loss by reason of a breach of contract, he is, so far p) Above, Above, pp. pp. t) Above, pp. 62, 63, 67, 276 sq. 313 sq. 1019, 1020. u) See above, pp. 48-50,... | |
| 1935 - 190 sivua
...question then arises as to what the measure of damages will be. The rule has been stated that where the party sustains a loss by reason of a breach of contract, he is to be placed in the same situation, insofar as money can do it, as if the contract had been performed.... | |
| Robert Harry Inglis Palgrave, Henry Higgs - 1926 - 954 sivua
...entitled to receive compensation in money from the party who failed to perform the contract. He is " aa 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... | |
| William Henry Anger, Harry Dell Anger - 1926 - 456 sivua
...general rule as to damages is that where a party sustains loss because of a breach of contract, he is, as far as money can do it, to be placed in the same position by way of damages as if the contract had been performed. 81 But that rule has certain limitations.... | |
| 1927 - 1624 sivua
...for him to do the act or thing which h« agreed to do, is well settled. "It is the general rule that where a party sustains a loss by reason of a breach...to damages, as if the contract had been performed, and this rule is applied to sales of real estate where the vendor has the title and for any reason... | |
| 1886 - 642 sivua
...purchaser whatever he may have lost by reason of the breach.1 So far as money can do it the vendee must be placed in the same situation, with respect to damages, as if the contract had been specifically performed,2 and the measure of such damages will ordinarily be the difference between... | |
| New Brunswick. Supreme Court, Ward Chipman, John Campbell Allen, Allen Otty Earle, Thomas Carleton Allen, George F. S. Berton, David Shank Kerr, George B. Seely, James Hannay, William Pugsley, Arthur I. Trueman, George Wheelock Burbidge, George W. Allen, John L. Carleton, William Henry Harrison, Ernest Doiron, Douglas King Hazen - 1878 - 532 sivua
...received. Priintt- fucie, where a party sustains loss by reason of a breach of contract, he is entitled, so far as money can do it, to be placed in the same...to damages as if the contract had been performed. Now, if the contract had been performed in the present case, the plaintiff would have been obliged... | |
| 1913 - 1150 sivua
...life and the life of one Mrs. Man waring, and of the survivor of them : that, the agreement it, to he placed in the same situation with respect to damages, as if the contract had been performed. The case of Flureaw v. Tkomhill qualified that rule of the common law. It was there held that contracts... | |
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