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" 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 Irish Jurist - Página 170
1854
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Southern Reporter, Volumen14

1894 - 992 páginas
...DAMAGES. The following rule, formulated in Hadley т. Bozendale, 0 Exch. 341: "Where two parties huve made a contract, which one of them has broken, the...ought to receive in respect of such breach of contract should be either such as may fairly and substantially be considered as arising naturally, ie according...
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The Northwestern Reporter, Volumen66

1896 - 1258 páginas
...it has been repeatedly approved by this court. It is thus stated, in the language of Anderson, В.: "Where two parties have made a contract, which one of them has broken, the damages which the other ought to receive In respect of such breach of contract should be such as may fairly and reasonably...
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Readings in the Economics of Contract Law

Victor P. Goldberg - 1989 - 270 páginas
...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...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 to...
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Liability and Responsibility: Essays in Law and Morals

R. G. Frey, Christopher W. Morris - 1991 - 450 páginas
...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...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 to...
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Hong Kong Contracts: Autonomy and Creativity

Carole Chui, Derek Roebuck - 1991 - 212 páginas
...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...
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Wrongs and Remedies in the Twenty-first Century

Peter Birks - 1996 - 362 páginas
...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...to receive in respect of such breach of contract, should be such as may fairly and reasonably be considered, either arising naturally, ie according to...
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Die Vorhersehbarkeit des Schadens gemäss Art. 74 Satz 2 UN-Kaufrecht (CISG)

Florian Faust - 1996 - 404 páginas
...Vorhersehbarkeitsregel fest, die für alle 27 Fälle des vertraglichen Schadensersatzes gelten sollte: „Where two parties have made a contract which one...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 to...
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Civil Engineering Construction Contracts

M. P. O'Reilly - 1996 - 428 páginas
...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...
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The Sale of Goods

Michael G. Bridge - 1998 - 722 páginas
...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...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 to...
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Economic Analysis of Contract Law, Antitrust Law, and Safety Regulations

Jenny Bourne Wahl - 1998 - 400 páginas
...been received if the contract had been kept, is the measure of damages if the contract is broken." Now we think the proper rule in such a case as the present...ought to receive in respect of such breach of contract should he such as may fairly and reasonabIy be considered either arising naturaily, ie, according to...
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