{[ promptMessage ]}

Bookmark it

{[ promptMessage ]}

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

Info icon This preview shows pages 1–2. Sign up to view the full content.

View Full Document Right Arrow Icon
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.
Image of page 1

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Image of page 2
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern