LGST 101 Lecture 22

Manipulate market to damage competition anti

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Manipulate market to damage competition Anti-competitive laws talk about treble damages If you win, you get three times the amount of the award We can’t pick the type of remedy we want until we figure out what the actual damages are (except in liquidated damage) Measure of damage o What costs, what expenses, can we include in the amount we sue for? o Must establish real, actual measure of damage o What amount did you suffer? o Say you were sold a faulty piece of equipment You can sue for the amount of the faulty equipment Or, you can sue for the profits lost, due to having to use the faulty equipment Have to pick – can’t profit from your injury If you sue someone for breach of contract, you (plaintiff) have obligations o Mitigation Have to minimize losses/damages Someone ships you popsicles instead of cups You have to make sure the popsicles don’t melt in the sun – make an effort to minimize damage
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Employment contract Say university wants to fire you, but it’s the middle of the year (can only fire at end of year) They might fire you, but you could sue for the income you would have made But you must look for employment – can’t sit around o You incur additional expenses o But you also have savings (for example, save gas money by not going t work) If you don’t get job after an honest effort, sue for the remaining lost salary + expenses – savings + interest If you get a job, then you subtract the amount that you will make in your new job from the lost salary you would have made ($45,000 - $24,000); include the other factors o Reasonable certainty Defendant must show losses of reasonable certainty (except in liquidated damage) Court will accept projections, if there is a reasonable base for that projection Say you order shirts from company (to resell), but company doesn’t ship them to you You lost profits from not possessing the shirts for resale So you determine losses with reasonable certainty by looking at past sales you have made, and extrapolate sales you would have made o Or if you had no previous sales, then you look at industry Cases in course pack, Macalister, Sentex Home, Laclaid Gas, Lunley
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