November 4 Briefs and Notes

November 4 Briefs and Notes - November 4, 2008 Limitations...

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November 4, 2008 Limitations on the Recovery 1. Certainty Freund v. Washington Square Press Court of Appeals of NY, 1974 Law: Damages are not awarded based on the benefit to the breaching party, but rather according to the consequences of the breach to the plaintiff. Facts: Freund made a contract with Washington Square to publish a book. The terms included a $2,000 advance upon delivery of the manuscript and an agreement to publish the work in hardcover and paperback editions. Freund in fact delivered the manuscript and collected the $2,000, but the defendant did not publish the book. The plaintiff sued at first for specific performance of the contract. The trial judge denied specific performance but granted a trial for monetary damages. The plaintiff sued for damages stemming from a delay of his academic promotion, loss of royalties, and the cost of publication if he had published the book himself. The trial court awarded him the cost of publication but not the other two elements. The plaintiff appealed, and the appellate court upheld the verdict 3-2, with the minority holding that the plaintiff should recover only nominal damages. Reasoning: The court argues that the plaintiff expected two things from the performance of the contract: the advance and royalties. The author already has his advance, and the court says that damages for lost royalties cannot be awarded because insufficient evidence was presented at trial to support how much he might get. Issue: Should the author be able to recover the cost of publishing the book himself? Procedure: Holding: The plaintiff may only recover nominal damages. Notes from the Case: 10,000 is the cost of publication, would he have made this money? They can’t prove this with certainty because he would have had to sell a lot of books to get to 10k in royalties since the books don’t cost that much. Problem 68:
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This note was uploaded on 10/20/2009 for the course CONTRACTS 108 taught by Professor Cox during the Fall '08 term at McMaster University.

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November 4 Briefs and Notes - November 4, 2008 Limitations...

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