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Unformatted text preview: Legal Issue/Question: What are the appropriate damages that P should receive to compensate for Ds breach of contract? Should they get an amount that would cover the full cost of completing the performance agreed to in the contract? Answer/Holding: Court rejects damages sufficient to pay for full performance and instead holds that P should be compensated for the diminution in value resulting to the premises. Reasoning: The owner is entitled to the money which will permit him to complete work, unless the cost of completion is grossly and unfairly and out of proportion to the good to be attained. When that is true, the measure is the difference in value. NOTES: This courts decision totally sucked. Professor Dunne argues that this case was about economic efficiency, but what about idiosyncratic value?...
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- Spring '09