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Holding that any amount due Coastal must be reduced by any loss it would have incurred by complete performance of the contract, the court denied recovery to Coastal.
Had never seen complete performance of play to that date.
How about a complete performance of Ligeti's Requiem?
Forty years ago, complete performances of Messiah were rare events.
Matters involving impossibility or impracticability of performance of contract are concededly vexing and difficult.
See, e.g., Restatement (Second) of Contracts §357 (1981); 3 S. Williston, Law of Contracts §§14451450 (1920); J. Pomeroy, A Treatise on the Specific Performance of Contracts 15 (1879).
Halliburton, though, is down recently on questions about its performance of contracts in Iraq.
According to the findings, the petitioner, if it had been allowed to complete the performance of the three contracts, would have realized a profit of over $300,000.
A Performance Guarantee is normally required for high value or technically complex contracts to secure the performance of the contract, including during its warranty period.
As an alternative to voiding the contract, the buyer can demand "specific performance" of the contract.
The measure of recovery for quantum meruit is the reasonable value of the performance, Restatement of Contracts § 347 (1932); and recovery is undiminished by any loss which would have been incurred by complete performance.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com