Chodos v. West Publishing Co. - services from another...

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
Chodos v. West Publishing Co. 92 Fed. App. 471 (2004) Fact: Operative Facts: West Publishing Co. refused to publish a book that Chodos agreed to make for them. Chodos won $300k, however appealed because he believed the jury instructed the wrong method for measuring recovery, for restitution. Issue: The amount Chodos can recover for restitution Rule: Recovery for restitution is, a reasonable value of the services rendered, provided they were of direct benefit to the defendant Rational: Basically he can recover the amount that it would have cost the defendant to obtain the
Background image of page 1
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: services from another person. Chodos states that, it should be value of his specific time and service, specifically the amount he could have earned in legal fees as a practitioner over the two years he devoted to writing his manuscript. But courts didn’t buy it. The jury took a reasonable value of Chodos’s services based on extensive testimony presented, on what another practicing attorney would’ve done the work for. Holding: The value of restitution reward is based off of the market rate. Synthesis: Dissent/Concurrences:...
View Full Document

This note was uploaded on 12/20/2011 for the course CONTRACTS 111 taught by Professor Dellinger during the Fall '11 term at Western State Colorado University .

Ask a homework question - tutors are online