The rule of the common law is, that where a party sustains a loss by reason of a breach of contract, he is, so far as money can do it, to be placed in the same situation, with respect to damages, as if the contract had been performed. Albany Law Journal - Page 1201870Full view - About this book
| Law reports, digests, etc - 1866 - 932 pages
...laid down by Baron Parke in Robinson v. Harman (3), that where a contract is broken the injured person is, so far as money can do it, to be placed in the...situation with respect to damages as if the contract i had been performed. This is the amount of damages where the contract would give the actual enjoyment... | |
| Law - 1870 - 542 pages
...Parke there says ; " The rule of the common law is that where a party sustains a loss by breach nf contract he is, so far as money can do it, to be placed...regarded. Our readers are familiar with the decision of Hartley v. Baxendale, and the rule in this case, and that adopted in analogous American cases is concisely... | |
| Solomon Atkinson - Contracts - 1853 - 562 pages
...the common law ts, that where a party sustatns a loss by reason of a breach of contract, he is, as far as money can do it, to be placed in the same situation...to damages as if the contract had been performed. The case ofFlureau v. Thornhill (x) qualified that rule as to contracts for the sale of land, it being... | |
| Law - 1855 - 414 pages
...breaks it, he must pay the whole damage sustained." " Where a party sustains a loss by reason of a breach of contract, he is, so far as money can do...to damages, as if the contract had been performed." (See Robinson v. Harman, 1 Exch. 855, 856.) In order that rules thus expressed may be useful and available... | |
| Electronic journals - 1855 - 804 pages
...breaks it, he must pay the whole damage sustained." '' Where a party sustains a loss by reason of a breach of contract, he is, so far as money can do...to damages, as if the contract had been performed." (See Robinson vs. Harman, 1 Exch. 855, 856.) In order that rules thus expressed may be useful and available... | |
| Ontario. Court of Common Pleas - Law reports, digests, etc - 1856 - 594 pages
...communicated to or known by the defendants." In Eobinson v. Harman (1 Ex. 854) Parke, Baron, states the rule of the common law is, " that where a party...to damages as if the contract had been performed." The case of Waters v. Towers (8 Ex. 401) is strongly in the plaintiff's favor. The facts are briefly... | |
| Edmund Powell - Evidence - 1856 - 456 pages
...unliquidated, the rule of the common law is, that — LIV. Where a party sustains a loss by reason of a breach of contract, he is, so far as money can do...with respect to damages as if the contract had been performed.i In Robinson v. ffarman? the breach was the nonperformance of an agreement to grant a lease... | |
| Great Britain. Court of King's Bench, Thomas Flower Ellis, Colin Blackburn Baron Blackburn, Great Britain. Court of Exchequer Chamber - Great Britain - 1858 - 1074 pages
...Parke B. said : " the rule of the common law is, that where a party sustains a loss by reason of a breach of contract, he is, so far as money can do...to damages, as if the contract had been performed." The sale of real estate is indeed, as there pointed oat, an exception to this rule, because the contract... | |
| John Scott, Great Britain. Court of Common Pleas - Law reports, digests, etc - 1858 - 568 pages
...Parke, B., says, — " The rule of the common law is, that, where a party sustains a loss by reason of a breach of contract, he is, so far as money can do...to damages as if the contract had been performed." [WILLIAMS, J. — Suppose the mesne landlord were called upon to pay double value, could he recover... | |
| Edmund Powell - Evidence (Law) - 1859 - 540 pages
...unliquidated, the rule of the common law is, that — Where a party sustains a loss by reason of a breach of contract, he is, so far as money can do...with respect to damages as if the contract had been performed.4 It is meant by this rule that the sufferer by a breach of contract is entitled to actual... | |
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