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It should therefore come as no surprise that cases imposing supracompensatory remedies sometimes adopt the idea of a constructive trust in which the promisor is taken to administer the contractual performance on her promisee's behalf to explain their holdings (see, e.g., Gassner v. Lockett 1958).
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The supracompensatory remedies just described are therefore justified only insofar as a promisor owes her promisee not just good faith in respect of the contractual settlement, but also an obligation to administer contractual performance in the interests of the promisee, with respect to any further gains that become possible.
But Prescott dismissed the contractual obligations.
He called the contractual debate "a little confusing and frustrating".
K. Rowling and the Contractual Clause of Fire"?
"The contractual arrangement with AEG Europe is unaffected".
But my moral obligation to my family trumps the contractual obligation to the bank.
Interestingly, the contractual electricity prices are kept secret by the generating companies and the utilities.
Ms. Baker and Mr. Levine declined to talk about the contractual terms of their departure, citing their confidentiality agreements.
The new contract removes many of the contractual safeguards protecting junior doctors from working excessive hours.
Another objection to the contractual view concerns voluntarism.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com