12 Oct 2022

59

Legal Case Analysis: Determining the Measure of Recovery

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Academic level: High School

Paper type: Essay (Any Type)

Words: 263

Pages: 1

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In the determination of a measure of recovery a recipient of funds and otherwise did not discharge its obligations as per agreed then he or she should account for the funds that they have taken in that the amount that will meet the standards of proportionality. 

A contract is a binding agreement that binds parties, and it obligates the parties to perform specific tasks. If one of the parties that are bound by a contract fails to perform their duties, then the party is said to have breached the contract and can be subjected to civil liability. However, one party being able to prove and point out that an agreement has been breached is only one thing, it is also a task to the plaintiff to prove that damages have been done due to a breach of the contract. Sometimes in the instance of breached contracts, the legal system through contract law wants to concentrate on the fairness and are interested in restoring the parties in a state that they were before they entered into a contract. This kind of systems works to prevent double recovery from the plaintiff. Therefore, they are forced to choose only one remedy. 

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The bargain rule benefit is the principle that the party that bridges the contract must pay the aggravated party an amount of money that will put that particular person in a financial position that he or she would have been if the contract would have been adequately performed. The bargain rule benefits the plaintiff by providing the difference that exists between the value that the plaintiff claims to have given to the amount that the defendant would have to receive. 

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StudyBounty. (2023, September 16). Legal Case Analysis: Determining the Measure of Recovery.
https://studybounty.com/legal-case-analysis-determining-the-measure-of-recovery-essay

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