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. Reports of Cases Determined in the Appeal and Chancery Divisions and ... - Page 60by New Brunswick. Supreme Court, Ward Chipman, John Campbell Allen, Allen Otty Earle, Thomas Carleton Allen, George F. S. Berton, David Shank Kerr, George B. Seely, James Hannay, William Pugsley, George Wheelock Burbidge, Arthur I. Trueman, George W. Allen, John L. Carleton, William Henry Harrison, Douglas King Hazen, Ernest Doiron - 1878Full view - About this book
| Law reports, digests, etc - 1869 - 1032 pages
...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...to damages as if the contract had been performed. The case of Flureau v. Thornhill(l2) qualified that rule of the common law. It was there held that... | |
| Law reports, digests, etc - 1866 - 932 pages
...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 same...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
...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 in the same...to damages as if the contract had been performed." It is important to consider in estimating damages arising from breach of contract how far the contemplation... | |
| 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
...whole damage sustained." " 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...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
...whole damage sustained." '' 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...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
...states the rule of the common law is, " that where a party sustains a loss by breach of contract, he is, so far as money can do it, to be placed in the same...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
...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 it, to be placed in the same...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... | |
| John Scott, Great Britain. Court of Common Pleas - Law reports, digests, etc - 1858 - 568 pages
...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...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... | |
| 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
...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...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... | |
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