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Foreseeabilty. Have you identified the losses sustained by the properly mitigating non-breacher?. Yes. No. For each item of loss ask, was it reasonably foreseeable at the time of contracting?. You must do so first. Yes. No.
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Foreseeabilty Have you identified the losses sustained by the properly mitigating non-breacher? Yes No For each item of loss ask, was it reasonably foreseeable at the time of contracting? You must do so first Yes No Adequate normative or economic justification to impose the loss on the non-breacher? Adequate normative or economic justification to impose the loss on the breacher? Yes No Yes No Breacher bears loss Non-breacher bears loss Non-breacher bears loss Breacher bears the loss Debt case Hadley, 2nd WU Buck v. Morrow 1st WU EVRA EVRA