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Exact(41)
Therefore, in my opinion, the plaintiffs were entitled to specific performance of the contract and since defendant has failed to perform, the proper measure of damages should be the cost of performance.
This flexibility is valuable to users in a range of scenarios, but it comes with the cost of performance.
These were all cases in which, under similar circumstances, the appellate courts followed the "value" rule instead of the "cost of performance" rule.
In that case, the Minnesota court, in a substantially similar situation, adopted the "cost of performance" rule as-opposed to the "value" rule.
It may be observed that Groves v. John Wunder Co., supra, is the only case which has come to our attention in which the cost of performance rule has been followed under circumstances where the cost of performance greatly exceeded the diminution in value resulting from the breach of contract.
Recovery is denied for attorney's fees, for mental anguish not accompanied by physical manifestation, and "make-whole" or full recovery has been denied where the cost of performance exceeds the value to the promisee.
Similar(19)
In Barcelona, for instance, the city's Liceu opera house closed for two months this year to save on the cost of performances.
All Broadway shows carry insurance that covers the cost of performances missed due to an act of God -- or a disaster like Sept. 11 -- but strikes are not covered in such policies.
Over the past six years, Walmart has cut its tax bill by $104 million thanks to a loophole in the corporate tax code that lets companies deduct the cost of performance-based pay for executives.
Research & development (R&D) and supporting policies lower the costs of performance standards and economic signals by pushing new technologies to market and lowering the costs of existing technologies by removing deployment market barriers.
Large incentives are salient and increase the likelihood that the costs of performance improvement, including the opportunity costs of not doing something else, are covered [ 16, 47, 101].
More suggestions(15)
the cost of running
the cost of completing
the cost effectiveness of performance
the cost of serving
the cost of executing
the cost of achieving
the cost of outputs
the cost of yielding
the mystery of performance
the way of performance
the cost of credit
the day of performance
the cost of adaptation
the focus of performance
the moment of performance
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com