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" ... such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at... "
Southern Reporter - Page 2
1894
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Remedies in Contract and Tort

Donald Harris, David Campbell, Roger Halson - Law - 2002 - 692 pages
...respect of such breach of contract should be such as may fairly and reasonably be considered either as arising naturally, ie according to the usual course...contract, as the probable result of the breach of it.19 This proposition has been re-examined several times by the Court of Appeal20 but a major reinterpretation...
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Intellectual Property Assets in Mergers and Acquisitions

Lanning G. Bryer, Melvin Simensky - Business & Economics - 2002 - 456 pages
...remoteness: Only damages that may "fairly and reasonably be considered as arising naturally from the breach or such as may reasonably be supposed to have been...contemplation of both parties at the time they made the contract" will be awarded. In contrast, liability under an indemnity is determined entirely by the...
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Fundamentals of Building Contract Management

Thomas E. Uher, Philip Davenport - Business & Economics - 2002 - 422 pages
...million, then it could be said that the damages of $10 million 'may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of breach of it' (the second rule in Hadley v. Baxendale) and would not be too remote. Frequently...
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Business Law

S. B. Marsh, J. Soulsby - Business & Economics - 2002 - 386 pages
...usual course of things, from the breach; and (b) such other loss as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, so that the defendant in effect accepted responsibility for it. The working of these rules...
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The Valuation of Businesses, Shares and Other Equity

Wayne Lonergan - Business & Economics - 2003 - 798 pages
...awarded for loss: such as may fairly and reasonably be considered either [as] arising naturally, that is, according to the usual course of things, from such...contract, as the probable result of the breach of it. In essence, the expert's responsibility is generally limited to the foreseeable consequences of the...
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The Law of Contract

Hugh Collins - Law - 2003 - 500 pages
...loss of profits would be permitted if those losses were 'such as may reasonably be supposed to have been in the contemplation of both parties, at the...contract as the probable result of the breach of it.' (ii) In addition, if the claimant had expressly notif1ed the defendant of the risk of loss of profits...
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AGC Contract Documents Handbook

J. William Ernstrom, Kevin F. Peartree - Law - 2003 - 1228 pages
...course of things, from such breach of contract itself, or such as may be reasonably be supposed to have been in the contemplation of both parties at the time...contract, as the probable result of the breach of it.40 The doctrine of consequential damages that resulted from that case "is said to have been devised...
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Die Struktur des Haftungsrechts: Geschichte, Theorie und Dogmatik ...

Nils Jansen - Law - 2003 - 740 pages
...assumption of full liability for those, and only those, damages which may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, that is, when the ,license' was granted". 280 Vielmehr wird ja bei einer ausdrücklichen...
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The Interaction of Contract Law and Tort and Property Law in Europe: A ...

Christian von Bar, Ulrich Drobnig, Guido Alpa - Civil law - 2004 - 574 pages
...course of things, from such breach of contract" or (2) "such as may reasonably be supposed to have been in the contemplation of both parties, at the...contract, as the probable result of the breach of it". The second aspect is designed to reflect the fact that particular background factors may have formed...
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Professional Liability and Property Transactions

Sharon Christensen, W. D. Duncan - Law - 2004 - 518 pages
...contemplate loss arising from a breach of contract is where the loss is reasonably supposed to have been in the contemplation of both parties at the time they made the contract as a probable result of the breach. This second limb of the principle relies on the defendant's...
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