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Settlement agreement - Consent judgment - Breach of contract - Liquidated damages - Escrowing of payments.
When would parties entering into a contract want performance to be specifically required, and when would they prefer payment of money damages to be the remedy for breach? This fundamental question is studied here and a novel answer is provided, based on a simple distinction between contracts to produce goods and contracts to convey property. Setting aside qualifications, the conclusion for breach of contracts to produce goods is that parties would tend to prefer the remedy of damages, essentially because of the problems that would be created under specific performance if production costs were high. In contrast, parties would often favor the remedy of specific performance for breach of contracts to convey property, in part because there can be no problems with production cost when proper...
The former music director of the Buffalo Philharmonic Chorus is suing to get her job back, and she also wants punitive and compensatory damages. Doreen Rao filed the lawsuit in State Supreme Court, saying the chorus breached its contract with her by "unilaterally ending" her employment and stripping her of her title.
Insured appeals trial court's grant of summary judgment that found he violated the cooperation agreement in his insurance contract and could prove no damages for the insurance company's alleged breach. Cooperation Clause in insurance contract; material prejudice; breach of contract; damages.
CIVIL - manifest weight of evidence; sufficiency of evidence; breach of contract; mitigate; damages; workmanlike manner; cost of repair.
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