Whats the appropriate measure of damage o lower court

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What’s the appropriate measure of damage o Lower court looks at pain and suffering from operation for a measure of damages Upper court says this is not a good measure – even if the operation went well, this pain and suffering would have existed Appropriate measure of value is the value of a good hand vs. the value of a bad hand Case o What is appropriate measure of damage? o Jurisprudence – this is another approach here Built into state statute – if value to be recreated requires disproportionate expense, then you only need to pay the difference (the delta) o The appropriate measure of damage is the difference in value of the land as it is and the land as it would be, had the contract been fulfilled o Landowner gets screwed, pretty much o Law in economics Case o Actor Reed signed two contracts that took place at same time o Anglea TV wanted Reed as the lead actor in the show (Reed was a popular enough actor) o Reed then breaches contract, saying that he had a previous contract o What is the appropriate measure of damage? Reed says he is responsible for the expenses from the moment he signed to the moment he breached Anglea says he is responsible for all the expenses o Anglea can’t find someone to fill his place o Court says that Anglea lost every penny that went into the show, from start to cancellation Everything in there rested on Reed’s presence o Court says appropriate measure of damage is the totality of loss Anglea suffered Case o What do you get if contract is breached? o Freud hands in manuscript to Washington Square Press o Freud is seeking tenure, so he needs to publish, and in a substantial manner This is one concern of Freud
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Washington Square Press, which was originally a largely academic press, is changing o Claims By not publishing book, Freud’s advancement in academia would be hindered Court said that he already had these academic advancements Freud lost royalties The royalties are very hard to determine, though you know it won’t be much So can’t claim the royalties – it’s too conjectural
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