ACTG 2P40 Lecture Notes - Lecture 9: Specific Performance, Consequential Damages, Clean Hands
6 Mar 2018
School
Department
Course
Professor
Document Summary
They will say that as it is and nothing more. If it does not cover circumstance then it will not apply. Please consider the wording because the clause is so broad that it would **** relieve liability with a breach then they are released. Bc there is a negotiation happening: if you have an exemption clause for not providing notice, then you assume that it has been read and then you do not have to give a notice. Ha(cid:396)d to a(cid:396)gue that the(cid:455) did(cid:374)"t k(cid:374)o(cid:449): assessment of damages, court rewards. The rewards that court will give for relief. Mitigation is where you cannot let your losses accumulate. What other alternatives were available: remoteness of loss, consequential damages: e. g. deliver shoes on time, shipment showed up. But the train company won because it was unfair to hold them to other losses. It was not because of the relationship between parties, it is an outside party that is beyond outside.
