Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, ie, according... The Southern Law Review - Page 3481881Full view - About this book
| Law reports, digests, etc - 1916 - 1226 pages
...compensate the plaintiff for the injury which he had suffered. "In cases of breach of contract the damages should be such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of the contract itself, or such as may... | |
| Victor P. Goldberg - Business & Economics - 1989 - 270 pages
...formulation of the doctrine of remoteness in contract was that of Alderson, B. in Hadley v. Baxendale: Where two parties have made a contract which one of...reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of 87 contract itself, or such as may... | |
| R. G. Frey, Christopher W. Morris - Law - 1991 - 450 pages
...the carrier for shipping the shaft. The familiar rule of decision in that case contained two prongs. "Where two parties have made a contract which one...reasonably be considered either arising naturally, ie, according to the usual course of things, or such as may reasonably be supposed to have been in... | |
| Carole Chui, Derek Roebuck - Law - 1991 - 212 pages
...too remote is a question of law and is tested by the rule in Hadley v. Baxendale ( \ 854) 9 Ex 341: Where two parties have made a contract which one of...them has broken, the damages which the other party receives for that breach of contract should be such as may fairly and reasonably be considered either... | |
| Florian Faust - Damages - 1996 - 404 pages
...Vorhersehbarkeitsregel fest, die für alle 27 Fälle des vertraglichen Schadensersatzes gelten sollte: „Where two parties have made a contract which one...reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself, or such as may reasonably... | |
| Peter Birks - Law - 1996 - 362 pages
...which it should not. The classic exposition of the test is that of Alderson B in Hadley v Baxendale: 'Where two parties have made a contract which one...reasonably be considered, either arising naturally, ie according to the usual course of things from such breach of contract itself, or such as may reasonably... | |
| M. P. O'Reilly - Law - 1996 - 428 pages
...Reasonable foreseeability The test of reasonable foreseeability is set out in Hadley v. Baxendale.29 "Where two parties have made a contract which one of them has broken, the damage which the other party ought to receive in respect of such breach of contract should be [1] such... | |
| Michael G. Bridge - Consumer protection - 1998 - 722 pages
...Baxendale itself, the remoteness rule was expressed by Baron Alderson in the form of two branches or limbs: Where two parties have made a contract which one of...reasonably be considered either arising naturally, ie according to the usual course of things, from such breach of contract itself, or such as may reasonably... | |
| Jenny Bourne Wahl - Health & Fitness - 1998 - 400 pages
...damages if the contract is broken." Now we think the proper rule in such a case as the present is this: Where two parties have made a contract which one of...receive in respect of such breach of contract should he such as may fairly and reasonabIy be considered either arising naturaily, ie, according to the usual... | |
| Wolfgang Kircher - Law - 1998 - 332 pages
...para. 10-18. 496 [1854] 9 Ex 341, 354 = 156 ER 145, 151, Exchequer Div. (ALDERSON, B): „Where rwo parties have made a contract which one of them has...the damages which the other party ought to receive should be such as may fairly and reasonably be considered [...] arising naturally, ie according to... | |
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