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" The fundamental principle of law upon which damages for breach of contract are assessed is that the injured party shall be placed in the same position he would have been in, if the contract had been performed... "
Department Reports of the Commonwealth of Massachusetts: Containing the ... - Side 371
av Boston Herald. Bureau of Department Reports - 1916
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Reports of Cases Argued and Determined in the Court of Queen's Bench: And ...

Great Britain. Court of King's Bench, William Mawdesley Best, George James Philip Smith - 1870 - 1102 sider
...Lord Wensleydale in the case referred to, to place the purchaser, so far as money will do it, in the position he would have been in if the contract had been performed. If a man sells a cargo of goods not yet come to hand, but which he believes to have been consigned...
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Imperatoris Iustiniani Institutionum Libri Quattuor: With ..., Volum 2

John Baron Moyle - 1883 - 242 sider
...but it must be accompanied by every advantage derived from it ; that is to say, the plaintiff must be placed in the same position he would have been in if production had been made immediately on the commencement of the action. Accordingly if, during the...
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Imperatoris Iustiniani Institutionum Libri Quattuor, Volum 2

John Baron Moyle - 1883 - 272 sider
...but it must be accompanied by every advantage derived from it ; that is to say, the plaintiff must be placed in the same position he would have been in if production had been made immediately on the commencement of the action. Accordingly if, during the...
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Imperatoris lustiniani Institutionum libri, quattuor: with ..., Volum 2

John Baron Moyle - 1883 - 278 sider
...but it must be accompanied by every advantage derived from it ; that is to say, the plaintiff must be placed in the same position he would have been in if production had been made immediately on the commencement of the action. Accordingly if, during the...
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Reports of Cases Decided in the Court of Appeal [1876-1900].

Ontario. Court of Appeal, James Stewart Tupper, Richard Scougall Cassels - 1884 - 682 sider
...therefore is reasonably held to be liable to make good what the buyer has to pay to put himself in the position he would have been in if the contract had been performed. The carrier who contracts to carry goods does not do so with reference to their value at the agreed...
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A Treatise on the Measure of Damages: Or, An Inquiry Into the ..., Volum 3

Theodore Sedgwick, Arthur George Sedgwick - 1891 - 856 sider
...Lord Wensleydale, in the case referred to, to place the purchaser, so far as money will do it, in the position he would have been in if the contract had been performed. If a man sells a cargo of goods not yet come to hand, but which he believes to have been consigned...
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Marketable Title to Real Estate: Being Also a Treatise on the Rights and ...

Chapman White Maupin - 1896 - 914 sider
...fails to perform his contract, is bound to place the purchaser, so far as money will do it, in the position he would have been in if the contract had been performed. Ordinarily the motives and purposes of either party in entering into the contract, or the intent of...
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A Treatise on Damages: Covering the Entire Law of Damages, Both ..., Volum 3

Joseph Asbury Joyce, Howard Clifford Joyce - 1904 - 1098 sider
...fails to perform his contract is bound . . . to place the purchaser, so far as money will do it, in the position he would have been in if the contract had been performed. . . . There is nothing in the nature of real property which, either on technical or general grounds,...
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Cases on Measure of Damages

Isaac Franklin Russell - 1909 - 756 sider
...this item of damage, the rule above stated furnished the proper test. In restoring an injured party to the same position he would have been in if the contract had not been broken, it is necessary to take into the account losses suffered, as much as profits prevented....
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The Sales Act (Public Laws, 1907, Ch. 212) of Connecticut: Complete Text of ...

Connecticut, John Elliott - 1909 - 956 sider
...this item of damage the rule above stated furnished the proper test. In restoring an injured party to the same position he would have been in if the contract had not been broken, it is necessary to take into the account the losses suffered as much as profits prevented,...
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