Scribd Feed for category: LawThis is a feed for documents in the category LawSouthwest Engineering Co. v. United States- August 28, 2008 Effect of Agreement Liquidating Damages or Altering the Scope of Liability or Remedy Case: Southwest Engineering Co. v. United States (1965, 8th) pp. 1003-1009 Facts: K for Southwest to do work for the gov't. K provided liquidated damages per day that the completion of the projects were delayed, but excluded certain circumstances where the delay was out of the control and not due to fault or negligence of Southwest. Southwest, however, had to notify govt of such a delay, and would be extended..http://www.scribd.com/doc/5252923/Southwest-Engineering-Co-v-United-States- American Broadcasting Companies v. Wolf- August 28, 2008 Equitable Remedies for Breach of Contract: Prohibitory Injunction and Specific Performance Case: American Broadcasting Companies v. Wolf (1981, NY) pp. 987-996 Facts: Employment K between ABC and Wolf, which included a renewal option. The renewal option said: that 90 days prior to the expiration of the K, Wolf was to enter into good faith negotiations with ABC for a K renewal (12679 - 3480) that during the first 45 days, Wolf could not negotiate with anyone else. (12679 - 11980) that if an.http://www.scribd.com/doc/5252859/American-Broadcasting-Companies-v-Wolf- Walgreen Co. v. Sara Creek Property Co.- August 28, 2008 Equitable Remedies for Breach of Contract: Prohibitory Injunction and Specific Performance Case: Walgreen Co. v. Sara Creek Property Co. (1992, 7th) pp. 982-987 Notes Court allows specific performance Judge Posner - law and economics. Situations where he applies economics. Cost vs. benefits of an injunction - pg 983 The main benefit of an injunction: what will happen if we grant an injunction Benefits of an injunction: Shifts burden of calculating damages to parties (instead of court) ...http://www.scribd.com/doc/5252829/Walgreen-Co-v-Sara-Creek-Property-Co- Northern Indiana Public Service Co. v. Carbon County Coal Co.- August 28, 2008 Equitable Remedies for Breach of Contract: Prohibitory Injunction and Specific Performance Case: Northern Indiana Public Service Co. v. Carbon County Coal Co. (1986, 7th) pp. 979-981 Notes Court denies specific performance Judge Posner - law and economics. Situations where he applies economics. 1978 created K to buy coal. At the time, inflation rate very high, so coal overpriced. Then oil prices collapsed Mine closes, there's a lawsuit. Court awards Carbon county $181million in damages. ...http://www.scribd.com/doc/5252797/Northern-Indiana-Public-Service-Co-v-Carbon-County-Coal-... Hydraform Products, Corp. v. American Steel & Aluminum Corp.- August 28, 2008 Compensatory Damages - Consequential Damages: Foreseeability; Mitigation; Certainty, Incidental Reliance Case: Hydraform Products, Corp. v. American Steel & Aluminum Corp.. (1985, NH) pp. 960-967 Facts: Contract btwn parties for American to supply steel for Hydraform to manufacture woodstoves. Hydraform informed American that late deliveries of steel during peak season for manufacturing and selling stoves could ruin Hydraform's business for a year. So American said that if Hydraform would...http://www.scribd.com/doc/5252756/Hydraform-Products-Corp-v-American-Steel-Aluminum-Corp Spang Industries, Inc., Fort Pitt Bridge Division v. Aetna Casualty & Surety Co.- August 28, 2008 Compensatory Damages - Consequential Damages: Foreseeability; Mitigation; Certainty, Incidental Reliance Case: Spang Industries, Inc., Fort Pitt Bridge Division v. Aetna Casualty & Surety Co. (1975, 2nd) pp. 950-959 Facts: K for Fort Pitt to deliver steel to Torrington by a delivery date to be "mutually agreed upon." Torrington had contracted with NYS for a highway reconstruction, and needed the steel for that purpose. Fort Pitt then promised that the steel would be shipped early in August,...http://www.scribd.com/doc/5252726/Spang-Industries-Inc-Fort-Pitt-Bridge-Division-v-Aetna-C... American Standard, Inc. v. Schectman- August 28, 2008 Compensatory Damages - Breach of Contract by Supplier of Goods, Services, or Construction Case: American Standard, Inc. v. Schectman (1981, NY) pp. 941-946 Facts: Parties entered into K. Pl would sell all their industrial equipment to Df in exchange for $275k plus Df's promise to remove all equipment, demolish the structures and grade the property as specified. Df failed to do the specified grading work as agreed. Pl got judgment for $90,000, the cost of completing the grading. Df appeal,...http://www.scribd.com/doc/5252677/American-Standard-Inc-v-Schectman- Peevyhouse v. Garland Coal & Mining Company- August 28, 2008 Compensatory Damages - Breach of Contract by Supplier of Goods, Services, or Construction Note: Peevyhouse v. Garland Coal & Mining Co. is a famous case. Case: Peevyhouse v. Garland Coal & Mining Company (1962, OK) pp. 936-941 Facts: The plaintiff leased half their farm that had coal deposits to the defendant for strip mining. Part of the agreement was that the mining company would fill in the pits and smooth out the land. The defendant breached. It would have cost $29,000 (per an expert...http://www.scribd.com/doc/5252648/Peevyhouse-v-Garland-Coal-Mining-Company- Rivers v. Deane- August 28, 2008 Compensatory Damages - Breach of Contract by Supplier of Goods, Services, or Construction Case: Rivers v. Deane (1994, NY) pp. 933-936 209 A.D.2d 936, 619 N.Y.S.2d 419 Summary: K for construction of an addition to Pl's home. The structure built was unsafe and unusable, and Pl's brought suit for breach of K. The NY Supreme Court awarded damages based on Cardozo's difference in value rule, which was the diminution in value caused by the breach. The appellate court disagreed, and said that the...http://www.scribd.com/doc/5252623/Rivers-v-Deane- Inchaustegui v. 666 5th Ave Limited Partnership- August 28, 2008 Compensatory Damages - Breach or Repudiation by Payor Case: Inchaustegui v. 666 5th Ave Limited Partnership (2001, NY) pp. 924-926 Facts: Lease agreement for commercial property said that sub-tenant required to get general public liability insurance, with the landlord as additional insureds. Inchaustegui was injured on the premises, and sued the landlord. Landlord then brought a 3rd party claim against sub-tenant for failure to comply with lease provision that required the landlord to be an...http://www.scribd.com/doc/5252559/Inchaustegui-v-666-5th-Ave-Limited-Partnership- |