Under the usual measure of damages, such a seller would have no damages ( the contract price less the sale price to the other customer is zero ) and the breaching buyer would have no liability.
32.
The measure of damages awarded in this type of case is often analysed as damages for loss of a bargaining opportunity or, which comes to the same, the price payable for the compulsory acquisition of a right.
33.
If the entire building is taken, or if the building is so damaged that it cannot be readjusted to the real estate not taken, then the measure of damages shall be the fair cash value of the building.
34.
In a statement released Tuesday evening, Copley president Gabriel R . Cipau said : " We believe the settlement is fair and provides a rational measure of damages to people who may prove they suffered adverse effects " from the product.
35.
In non-personal injury claims, for instance, a claim for professional negligence against solicitors, the measure of damages will be assessed by the loss suffered by the client due to the negligent act or omission by the solicitor giving rise to the loss.
36.
Hence, the deficiency payment obligation is not a provision designed to provide the measure of damages when Arkla fails to take and pay for gas under the contract . " " Id . " at ?28, 863 P . 2d at 1157.
37.
So in " Eastwood v Magnox Electric plc ", a school teacher who also suffered psychiatric injury, but as a result of harassment and victimisation while he still worked, could claim for a full measure of damages for the breach of mutual trust and confidence.
38.
It was only because the District Court concluded that awarding this " measure of damages " was contradictory to the will of Congress, that the court refrained from making such an award and instead simply declared the statutory amendment unconstitutional . 477 U . S ., at 51.
39.
In light of human potential to develop herd immunity via vaccination in advance of a pandemic strain, the time that it allows us to do so before it evolves may become as crucial or more crucial to the measure of damage it causes than its own lethality and contagiousness.
40.
The 7th Circuit concluded that the jury had adopted the before & after method, but that this proof did not furnish a proper measure of damage for the reason that it could not be proved what petitioner's earnings would have been in the absence of the illegal distribution of films.
