 | Thomas E. Uher, Philip Davenport - 2002 - 422 páginas
...million, then it could be said that the damages of $10 million 'may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of breach of it' (the second rule in Hadley v. Baxendale) and would not be too remote. Frequently... | |
 | S. B. Marsh, J. Soulsby - 2002 - 386 páginas
...usual course of things, from the breach; and (b) such other loss as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, so that the defendant in effect accepted responsibility for it. The working of these rules... | |
 | Lanning G. Bryer, Melvin Simensky - 2002 - 458 páginas
...reasonably be considered as arising naturally from the breach or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract" will be awarded. In contrast, liability under an indemnity is determined entirely by the... | |
 | Wayne Lonergan - 2003 - 798 páginas
...course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the...contract, as the probable result of the breach of it. In essence, the expert's responsibility is generally limited to the foreseeable consequences of the... | |
 | Hugh Collins - 2003 - 500 páginas
...loss of profits would be permitted if those losses were 'such as may reasonably be supposed to have been in the contemplation of both parties, at the...contract as the probable result of the breach of it.' (ii) In addition, if the claimant had expressly notif1ed the defendant of the risk of loss of profits... | |
 | J. William Ernstrom, Kevin F. Peartree - 2003 - 1228 páginas
...course of things, from such breach of contract itself, or such as may be reasonably be supposed to have been in the contemplation of both parties at the time...contract, as the probable result of the breach of it.40 The doctrine of consequential damages that resulted from that case "is said to have been devised... | |
 | Nils Jansen - 2003 - 740 páginas
...assumption of full liability for those, and only those, damages which may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, that is, when the ,license' was granted". 280 Vielmehr wird ja bei einer ausdrücklichen... | |
 | Christian von Bar, Ulrich Drobnig, Guido Alpa - 2004 - 574 páginas
...course of things, from such breach of contract" or (2) "such as may reasonably be supposed to have been in the contemplation of both parties, at the...contract, as the probable result of the breach of it". The second aspect is designed to reflect the fact that particular background factors may have formed... | |
 | Sharon Christensen, W. D. Duncan - 2004 - 518 páginas
...the parties should be able to contemplate loss arising from a breach of contract is where the loss is reasonably supposed to have been in the contemplation of both parties at the time they made the contract as a probable result of the breach. This second limb of the principle relies on the defendant's... | |
 | Hanna Sivesand - 2005 - 285 páginas
...course of things, from such breach of contract itself, or such that may reasonably be supposed to have been in the contemplation of both parties, at the...contract, as the probable result of the breach of it." This test can be divided into two parts. Firstly, the damage can 'arise naturally' in the 'usual course... | |
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... such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties at the... 
