New answers tagged damages
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The same way they deal with every other dispute about valuing damages
Courts are called upon in the overwhelming majority of cases to value things so that damages can be awarded: art, construction work, vehicle damage, pollution, future earnings, pain and suffering, time lost due to illegal incarceration etc. Quite often the plaintiff(s) and defendant(s) ...
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Had the artist valued it at $120,000 and recieved payment for the value? Then likely the compensation to the purchaser will be required to make recompense... though the fact that the defendent gave the artist a Banana to replace the consumed one would likely be considered replacing the damages (since this would arguably be an "art restoration" which would ...
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A’s rights under a contract with B are unaffected by B’s obligations under a contract with C
Unless, the A-B contract makes provisions for the B-C contract either specifically or in general. For example, if B’s liability under the contract were capped to the amount recoverable from their insurer, C.
Basically, B has to make a commercial decision - expose ...
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Would the fact that their hands were tied with regards to mitigating damages mean they could recover for more than just the initial damages?
That depends on the terms and the sequence of the contracts involved.
The terms of a contract might reflect the extent to which parties are willing to take risks. This is typically palpable in the provisions or ...
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