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Class 40, Friday, April 28

Class 40, Friday, April 28. Announcements one handout Monday, May 8 Review Session. 9am- noon. Robinson Courtroom Today’s agenda American Standard v. Schectman Hadley v. Baxendale Rockingham County v. Luten Bridge Co. Boehm v. ABC Jetz Service Co. v. Salina Properties.

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Class 40, Friday, April 28

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  1. Class 40, Friday, April 28 Announcements one handout Monday, May 8 Review Session. 9am- noon. Robinson Courtroom Today’s agenda American Standard v. Schectman Hadley v. Baxendale Rockingham County v. Luten Bridge Co. Boehm v. ABC Jetz Service Co. v. Salina Properties Class 40

  2. Today is our last official class. Class 40

  3. American Standard v. SchectmanNew York Supreme Court80 A.D.2d 318, 439 N.Y.S.2d 529 (App. Div.), appeal denied, 427 N.E.2d 512 (1981) Class 40

  4. cost to remedyversusdiminution in value • Jacob & Youngs v. Kent • Groves v. John Wunder Co. • Peevyhouse v. Garland Coal & Mining Co. Class 40

  5. Hadley v. BaxendaleCourt of Exchequer156 Eng. Rep. 145 (1854) Class 40

  6. general or direct damages • consequential or special damages Class 40

  7. question about facts? • what was communicated to defendant’s clerk? • why does this matter? Class 40

  8. why this limitation on damages? Class 40

  9. Limitations on damages • foreseeability • certainty • avoidability • what degree of certainty is required to establish lost profits? • what problem does a new business run into? Class 40

  10. avoidability/mitigation • Rockingham County v. Luten Bridge Co. • Boehm v. ABC • Jetz Service Co. v. Salinas Properties Class 40

  11. End of Class Monday, May 8 Review Session. 9am- noon. Robinson Courtroom Class 40

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