 And it is the general intention of the law that, in giving damages for breach of contract, the party complaining should, so far as it can be done by money, be placed in the same position as he would have been in if the contract had been performed.  The Institutes of Justinian - Page 4971878 - 603 pagesFull view - About this book
 | Charles Greenstreet Addison - Contracts - 1888 - 864 pages
...the premises intended to be demised, the intended lessee is to be placed, as far as money can do it, in the same position as he would have been in if the contract had been fulfilled, and may recover all the damages he has sustained by reason of the nonperformance... | |
 | Ontario. High Court of Justice - Law reports, digests, etc - 1898 - 768 pages
...STREET, J. The question to be determined in this case is, " What sum of money will put the plaintiff in the same position as he would have been in if the covenant not to assign the lease had not been broken, and the plaintiff had retained the liability... | |
 | Robert Campbell - Annotations and citations (Law) - 1898 - 852 pages
...where a contract is broken, the person injured by the breach is to be placed as far as money can do it in the same position as he would have been in if the contract had been fulfilled. Where the carrying out of the contract would give one of the contracting... | |
 | John Dawson Mayne, Sir Lumley Smith - Damages - 1899 - 776 pages
...purchaser was established between the defendant and the plaintiff; that the latter was entitled to be put in the same position as he would have been in if the opium he ordered bad been supplied ; that is to say, that he was entitled as damages to the difference... | |
 | Australia. High Court - Law reports, digests, etc - 1915 - 810 pages
...for breach of contract, the party complaining should, so far as it can be done by money, be placed in the same position as he would have been in if the contract had been performed." And just as this may be done by a tribunal, so the parties may do it... | |
 | Frederick Pollock, Robert Campbell, Oliver Augustus Saunders, Arthur Beresford Cane, Joseph Gerald Pease, William Bowstead - Law reports, digests, etc - 1907 - 958 pages
...WIORTMAN, J. : Here the award is certainly not set aside. LORD CAMPBELL, Ch. J. : The appellant is now in the same position as he would have been in if the arbitrator, in his first award, had at once adjudged the amount of costs.) But, if the award be once... | |
 | Thomas Gilbert Carver, Robert Alderson Wright Baron Wright - Bills of lading - 1909 - 1156 pages
...cannot be charged to the defendant (w). " In applying this general intention of placing the complainant in the same position as he would have been in if the contract had Ca. 53 ; Bostock c. Nicholson, 73 LJ, (xs) 1 ; Glover r. L. & SW Kail. loss. KB 524 ;... | |
 | Law reports, digests, etc - 1914 - 1446 pages
...the assessment of damages the party complaining should, so far as it can be done by money, be placed in the same position as he would have been in if the contract had been performed. That where delivery of goods has been delayed, the proper damages are... | |
 | Edward Henry Warren - Chattel mortgages - 1915 - 882 pages
...breaches which may in future be incurred. The arbitrator must see what sum of money will put the plaintiff in the same position as he would have been in if the covenant not to assign the lease had not been broken, and the plaintiff had retained the liability... | |
 | Law reports, digests, etc - 1918 - 1116 pages
...intention of the law in giving damages for breach of contract ia that the plaintiff should be placed in the same position as he would have been in if the contract had been performed. In the case of late delivery the measure thereof in order to indemnify... | |
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