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However, it is important to note that expectation damages are not punitive; its theoretical purpose is to place the injured, non-breaching party in the same position that they would have occupied had there been full performance of the contract. [10] In other words, it is the amount that makes the injured party indifferent to the breach. Examples:
in the place of a parent Used to refer to a person or entity assuming the normal parental responsibilities for a minor. This can be used in transfers of legal guardianship, or in the case of schools or other institutions that act in the place of the parents on a day-to-day basis. / ɪ n ˌ l oʊ k oʊ p ə ˈ r ɛ n t ɪ s / in mitius: in the ...
Breach of a condition of a contract is known as a repudiatory breach. Again, a repudiatory breach entitles the innocent party at common law to (1) terminate the contract, and (2) claim damages. No other type of breach except a repudiatory breach is sufficiently serious to permit the innocent party to terminate the contract for breach.
The orthodox view is that it is necessary for any relevant contract to be ineffective, for example because it is discharged for breach, void ab initio (from the beginning) or frustrated. However, it will be available on a subsisting contract where it does not undermine the contractual allocation of risk. [2]
In certain jurisdictions, breach of the implied covenant can also give rise to a tort action, e.g. A.C. Shaw Construction v. Washoe County, 105 Nevada 913, 915, 784 P.2d 9, 10 (1989). [4] This rule is most prevalent in insurance law, when the insurer's breach of the implied covenant may give rise to a tort action known as insurance bad faith.
Breach: a gap in fortified or battle lines. Breakout: exploiting a breach in enemy lines so that a large force (division or above) passes through. Bridgehead and its varieties known as beachheads and airheads. Camouflet; Chalk: a group of paratroopers or other soldiers that deploy from a single aircraft. A chalk often corresponds to a platoon ...
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The Court has continued to uphold the doctrine but also steadily narrowed the grounds on which fighting words are held to apply. In Street v.New York (1969), the Court overturned a statute prohibiting flag-burning and verbally abusing the flag, holding that mere offensiveness does not qualify as "fighting words".