Sentences with phrase «victims of breaches involving»

Not exact matches

The basic test comes down to the simple, if not obvious one of deciding what is the real purpose of the contract, the true benefit intended to be obtained by the injured party, the extent to which the misperformance by the defendant goes beyond falling short of what was desired by the victim of the breach and involves the complete denial to him of any benefit from the performance that was provided.

Generally, negligence cases involve examining the duty owed to the victim, whether there was a breach of that duty, and if the behavior was the actual or proximate cause of the damages.