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LGST 101 Lecture 23

He wants company to give him money to publish the

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He wants company to give him money to publish the book himself When Freud began process, he had no intention of self-publication Freud can go to another publisher If he was given money to publish himself, that brings him to a higher level than he was at the beginning o Unjust enrichment The idea is to make him whole again, not make him better off o Nonetheless, the contract was breached The guy got six cents Nominal award – these people breached a contract, but you couldn’t show damages Case o Rule of Hadley vs. Backsindale If you breach contract, you are responsible only for “contemplation of parties at the time contract was made” What is the norm you would expect? What you would reasonably expect to happen o Person is asked to repair shaft They do not know that the plant would remain shut down if the shaft was not repaired o When Hadley tried to sue for lost income, Backsindale says that he didn’t know anything about these extra circumstances o If you have contract, and there is something special about the situation, then all you have to do is tell the person All Backsindale is responsible for is the contract of carriage o Mitigation Another one of the rules that plaintiff has to face If you have anything special about the contract, tell us, otherwise it’s not in our contemplation and you can’t sue for it It is incumbent upon plaintiff to let defendant know of any special circumstances Case o Mitigation
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o Woman (Shirley something) had a contract to star in a movie Company canceled contract Offered mitigation Offered to make a Western, instead of a musical o For mitigation, you don’t need to do something extreme Just need to do something that was comparable Are the two movies, then, comparable? o The two movies are not comparable, so the mitigation is not valid She can sue for her loss o There was not mitigation Three things the plaintiff has to consider Mitigation Hadley vs. Backsindale o Must meet this rule, saying that this is normally something you would expect to happen Reasonable certainty o
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