Collins - NYU School of Law
... Court says no way get back down payment, seller does this in order to protect self
This rule has been changed by legislation.
Pinches v. Swedish Evangelical Lutheran Church.
P has K to build church. P fucks up part of church, and as soon as D realizes informs and
refuses to pay.
... the contemplation of the parties at the time of the contract. (Hadley v.
v. Tort Damages1. General damages- those naturally arising from injury, non-measurable amounts
like pain and suffering.
2. Special damages- pecuniary, economic loss; out of pocket provable damages ex.
medical bills, ...
Levinson - NYU School of Law
... i. E.g. lifesaver w/ 40% success rate will never be
considered negligent, even though you could save
four lives out of ten
ii. Used in cases where we don’t know who caused the
harm w/ significant probability (market share cases)
3. Difficult in restoration cases, e.g. Peevyhouse
a. Should use Coasea ...
... Again, the question of whether or not
I have breached my duty of care has
been decided by an objective test.
What would an ordinary, reasonable
person do under the same
circumstances? Finally, in order to
firmly __negligence, the claimant must
demonstrate that the negligent act of
the defendant was ...
... gave up full time job as a nurses aid
at first instance and on appeal damages were assessed based on her loss of wages minus travelling
P successful in appeal to HC
the market cost, as a general rule, is the amount to which the defendant must pay as
damages...in some cases the marke ...
What is tort? - WRCBusinessManagementWiki2010
... • he/she belonged to that class of persons whom the
defendant should have regarded as being at risk
though the precise loss/injury/damage actually
suffered by the plaintiff may not have been
foreseeable• all that is required that it was reasonably
foreseeable that the class of people, of whom the
Y2K AND BEYOND -THE FUTURE OF LAW FOR PROFESSIONALS
... Economic downturn causes claims because those who can make profits on a rising market find
that they cannot do so in a falling one.
The Property Market
Recession or economic downturn tends to affect the property market most dramatically since it is
inherently unstable. One of the factors driving pre ...
... is not just that they could have foreseen the accident. Also, a candidate
should have explained that there must be a relationship between the
parties to establish proximity and that there must be no policy reasons
or it must be just and equitable for a duty of care to be imposed.
Relevant case law c ...
Loss of chance in English law
Loss of chance in English law refers to a particular problem of causation, which arises in tort and contract. The law is invited to assess hypothetical outcomes, either affecting the claimant or a third party, where the defendant's breach of contract or of the duty of care for the purposes of negligence deprived the claimant of the opportunity to obtain a benefit and/or avoid a loss. For these purposes, the remedy of damages is normally intended to compensate for the claimant's loss of expectation (alternative rationales include restitution and reliance). The general rule is that while a loss of chance is compensable when the chance was something promised on a contract it is not generally so in the law of tort, where most cases thus far have been concerned with medical negligence in the public health system.