BUS311_chapter_06

Much of the lawsuit was dismissed in 2011 including

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Unformatted text preview: opposite Curt Fried, the 87-year-old co-founder of H&H Photographers, who in 1939 fled Nazi-occupied Vienna as a 15-year-old boy and was then drafted in the United States Army during World War II, where he learned photography. Much of the lawsuit was dismissed in 2011, including Remis’s claims for intentional infliction of emotional damage, but the basic breach of contract claim was allowed to go forward. According to the New York Times, Mr. Fried and his son Dan, who runs the business, have spent $50,000 in legal fees. Compensatory damages are intended to provide the nonbreaching party a monetary value of what he or she expected to receive under the contract. Specific performance is only awarded in exceptional cases where money damages would not properly compensate the victim of a breach. In this case, the first question to answer is whether there was a breach of contract, and the second and much larger question is whether any reasonable remedy is available, in light of the change in the plaintiff’s circumstances since the contract was allegedly breached. Sources: http://www.nytimes.com/2011/11/03/nyregion/suit-against-photographer-seeks-re-creation-of-wedding-afterdivorce.html?_r=1 http://articles.cnn.com/2011-11-04/justice/justice_new-york-wedding-photographer_1_wedding-original-photographer-legalsystem?_s=PM:JUSTICE rog80328_06_c06_111-133.indd 125 10/26/12 5:37 PM Section 6.3 Remedies for Breach CHAPTER 6 Liquidated damages are those that are spelled out in advance in the contract. For example, since a tenant’s not moving out in timely fashion can be a real headache for a landlord, sometimes a lease provides that the tenant will owe a certain sum for each day he holds over. As long as the amount seems reasonable, courts will usually uphold the liquidated damages clause. Nominal damages are a very small amount, such as $1, awarded when the plaintiff has proven a breach but does not seem to have any economic loss. Punitive damages are only awarded in contracts cases in situations invol...
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