Status quo damages may be awarded in an action for breach of contract, both as an alternative to and as a complement to expectation damages. In the latter case, it is important that the same losses are not recovered twice over under the two bases of assessment. Conversely, the court should not make the mistake of insisting that the two measures are mutually exclusive of one another. Provided it is appreciated that expenditure has to be incurred (status quo loss) and taken into account in seeking to make a profit (expectation loss), there should be no objection to recovery under both heads. In Cullinane v British ‘Rema’ Manufacturing Co, the defendant sold the plaintiff a clay pulverising machine for £6,578 with a warranty that the machine could process six tons of clay per hour. In fact, it produced only two tons of clay powder per hour and was, therefore, commercially useless. The plaintiff claimed damages in respect of: (1) the difference between the total of the contract price and the cost of buildings to house the machine and their estimated break up value (capital loss); (2) interest on gross capital expenditure; and (3) loss of profit for a period of three years. The Court of Appeal (Morris LJ dissenting) held that the plaintiff could recover capital losses or he could recover loss of profit, but not both. Accordingly, he was allowed to recover (2) and (3) above, amounting to £10,521: Cullinane v British ‘Rema’ Manufacturing Co [1954] 1 QB 292, CA, p 299

1995 ◽  
pp. 704-707
Author(s):  
Melvin A. Eisenberg

Chapter 17 concerns cover. The concept of cover embraces two separate but intimately related ideas: First, cover is an act—a buyer’s act of purchasing a commodity in the market to replace a contracted-for commodity that the seller failed to deliver. Second, cover is a remedy—a judgment for the difference between the contract price and the cost of cover. As a remedy cover has the look and feel of damages because the buyer ends up with a money judgment. As an act, however, cover constitutes virtual specific performance: by covering the buyer finds a replacement performance that, together with cover damages, is close to what he would have received if the seller had been ordered to specifically perform.


Author(s):  
SAFITRI NURHIDAYATI ◽  
RIZKI AMELYA SYAM

This study aims to analyze whether the difference that occurs in the cost of raw materials, direct labor, and factory overhead costs between the standard costs and the actual costs in PLTU LATI is a difference that is favorable or unfavorable. Data collection techniques with field research and library research. The analytical tool used is the analysis of the difference in raw material costs, the difference in direct labor costs and the difference in factory overhead costs. The hypothesis in this study is that the difference allegedly occurs in the cost of raw materials, direct labor costs, and factory overhead costs at PT Indo Pusaka Berau Tanjung Redeb is a favorable difference. The results showed that the difference in the cost of producing MWh electricity at PT Indo Pusaka Berau Tanjung Redeb in 2018, namely the difference in the price of raw material costs Rp. 548,029.80, - is favorable, the difference in quantity of raw materials is Rp. 957,216,602, - is (favorable) , the difference in direct labor costs Rp 2,602,642,084, - is (unfavorable), and the difference in factory overhead costs Rp 8,807,051,422, - is (favorable) This shows that the difference in the overall production cost budget is favorable or profitable. This beneficial difference shows that the company is really able to reduce production costs optimally in 2018.  


Author(s):  
Jan Abel Olsen

Chapter 19 starts by distinguishing between the two contrasting perspectives that an economic evaluation would take: the healthcare sector perspective versus the societal perspective. The former is considered a ‘narrow analysis’ which includes only the costs accruing within the healthcare sector, while the latter represents a ‘broad analysis’ that accounts for all resource implications in all sectors of the economy. After an investigation into various types of costs, a ‘limited societal perspective’ is suggested to be more appropriate than either of the two ‘extreme perspectives’. The chapter continues with a discussion of the cost per quality-adjusted life year (QALY) threshold and explains the difference between a demand side- versus a supply-side approach to determining a threshold value for a QALY.


Author(s):  
Melvin A. Eisenberg

Chapter 13 concerns the building blocks of formulas to measure expectation damages: replacement cost, market price, resale price, diminished value, and lost profits. Replacement-cost damages are based on the difference between the contract price and the actual or imputed cost of a replacement transaction. Resale-price damages are based on the difference between the contract price payable by a breaching buyer and the price the seller received on resale to a third party. Diminished-value damages are based on the difference between the value of the performance that a breaching seller rendered and the value of the performance that she promised to render. Lost-profit damages are based on the difference between the price a breaching buyer agreed to pay and the seller’s variable costs.


Author(s):  
Federico Solla ◽  
Eytan Ellenberg ◽  
Virginie Rampal ◽  
Julien Margaine ◽  
Charles Musoff ◽  
...  

Abstract Objective: To analyze the cost of the terror attack in Nice in a single pediatric institution. Methods: We carried out descriptive analyses of the data coming from the Lenval University Children’s Hospital of Nice database after the July 14, 2016 terror attack. The medical cost for each patient was estimated from the invoice that the hospital sent to public insurance. The indirect costs were calculated from the hospital’s accounting, as the items that were previously absent or the difference between costs in 2016 versus the previous year. Results: The costs total 1.56 million USD, corresponding to 2% of Lenval Hospital’s 2016 annual budget. Direct medical costs represented 9% of the total cost. The indirect costs were related to human resources (overtime, sick leave), revenue shortfall, and security and psychiatric reinforcement. Conclusion: Indirect costs had a greater impact than did direct medical costs. Examining the level and variety of direct and indirect costs will lead to a better understanding of the consequences of terror acts and to improved preparation for future attacks.


BMJ Open ◽  
2021 ◽  
Vol 11 (4) ◽  
pp. e042553
Author(s):  
Youngji Jo ◽  
Amnesty Elizabeth LeFevre ◽  
Hasmot Ali ◽  
Sucheta Mehra ◽  
Kelsey Alland ◽  
...  

ObjectiveWe estimated the cost-effectiveness of a digital health intervention package (mCARE) for community health workers, on pregnancy surveillance and care-seeking reminders compared with the existing paper-based status quo, from 2018 to 2027, in Bangladesh.InterventionsThe mCARE programme involved digitally enhanced pregnancy surveillance, individually targeted text messages and in-person home-visit to pregnant women for care-seeking reminders for antenatal care, child delivery and postnatal care.Study designWe developed a model to project population and service coverage increases with annual geographical expansion (from 1 million to 10 million population over 10 years) of the mCARE programme and the status quo.Major outcomesFor this modelling study, we used Lives Saved Tool to estimate the number of deaths and disability-adjusted life years (DALYs) that would be averted by 2027, if the coverage of health interventions was increased in mCARE programme and the status quo, respectively. Economic costs were captured from a societal perspective using an ingredients approach and expressed in 2018 US dollars. Probabilistic sensitivity analysis was undertaken to account for parameter uncertainties.ResultsWe estimated the mCARE programme to avert 3076 deaths by 2027 at an incremental cost of $43 million relative to the status quo, which is translated to $462 per DALY averted. The societal costs were estimated to be $115 million for mCARE programme (48% of which are programme costs, 35% user costs and 17% provider costs). With the continued implementation and geographical scaling-up, the mCARE programme improved its cost-effectiveness from $1152 to $462 per DALY averted from 5 to 10 years.ConclusionMobile phone-based pregnancy surveillance systems with individually scheduled text messages and home-visit reminder strategies can be highly cost-effective in Bangladesh. The cost-effectiveness may improve as it promotes facility-based child delivery and achieves greater programme cost efficiency with programme scale and sustainability.


2000 ◽  
Vol 3 (1) ◽  
Author(s):  
Matthew Eichner ◽  
Mark McClellan ◽  
David A. Wise

We are engaged in a long-term project to analyze the determinants of health care cost differences across firms. An important first step is to summarize the nature of expenditure differences across plans. The goal of this article is to develop methods for identifying and quantifying those factors that account for the wide differences in health care expenditures observed across plans.We consider eight plans that vary in average expenditure for individuals filing claims, from a low of $1,645 to a high of $2,484. We present a statistically consistent method for decomposing the cost differences across plans into component parts based on demographic characteristics of plan participants, the mix of diagnoses for which participants are treated, and the cost of treatment for particular diagnoses. The goal is to quantify the contribution of each of these components to the difference between average cost and the cost in a given firm. The demographic mix of plan enrollees accounts for wide differnces in cost ($649). Perhaps the most noticeable feature of the results is that, after adjusting for demographic mix, the difference in expenditures accounted for by the treatment costs given diagnosis ($807) is almost as wide as the unadjusted range in expenditures ($838). Differences in cost due to the different illnesses that are treated, after adjusting for demographic mix, also accounts for large differences in cost ($626). These components of cost do not move together; for example, demographic mix may decrease expenditure under a particular plan while the diagnosis mix may increase costs.Our hope is that understanding the reasons for cost differences across plans will direct more focused attention to controlling costs. Indeed, this work is intended as an important first step toward that goal.


2010 ◽  
Vol 13 (2) ◽  
Author(s):  
John F Cogan ◽  
R. Glenn Hubbard ◽  
Daniel Kessler

In this paper, we use publicly available data from the Medical Expenditure Panel Survey - Insurance Component (MEPS-IC) to investigate the effect of Massachusetts' health reform plan on employer-sponsored insurance premiums. We tabulate premium growth for private-sector employers in Massachusetts and the United States as a whole for 2004 - 2008. We estimate the effect of the plan as the difference in premium growth between Massachusetts and the United States between 2006 and 2008—that is, before versus after the plan—over and above the difference in premium growth for 2004 to 2006. We find that health reform in Massachusetts increased single-coverage employer-sponsored insurance premiums by about 6 percent, or $262. Although our research design has important limitations, it does suggest that policy makers should be concerned about the consequences of health reform for the cost of private insurance.


1968 ◽  
Vol 25 (2) ◽  
pp. 201-210 ◽  
Author(s):  
Wyatt T. Walker

“Then Elisha said to those people who were assembled in the main square, in the midst of a terrible famine, with the Syrian army at the gate: ‘In about twenty-four hours you will be able to buy a measure of fine flour for a shekel and two measures of barley for a shekel.’ And the captain upon whose arm the king leaned looked at him and spoke in derision: ‘Ha! What's God going to do? Open up a hole in the sky and pour out food upon all of these hungry people?’ And Elisha turned to him and said: ‘You have a big mouth. You will see it with your own eyes, but you will not eat thereof.’ And there were four lepers sitting at the entering in of the gate of Samaria, and they held a conversation amongst themselves that had to do with what the future might hold for them. And they said one to another: ‘What good is it for us to sit here until we die? If we go into the city, there is a famine there, and we shall die. If we sit here, if we maintain the status quo, if we hold what we've got, we shall die also. Come on, let us go out to meet the Syrian hosts, let's try something that we never tried before, and perhaps we shall be taken prisoners of war, and, if so, at least we'll survive. And if not, what have we got to lose?’” (II Kings 7: 1–20; the “Walker” translation).


1997 ◽  
Vol 20 ◽  
pp. 39-53
Author(s):  
Marcelo Lopes de Souza

Governability is quite ofien used as an "umbrella concept", under which both the capacity of governance (manner in which power is exercised in the management of a territory) and the governability in the strict sense of the word (acceptation of the social and political status quo by the people) are subsumed. The first part of this article underlies the difference between these two concepts The second part examines facts in relation to governance and governability problems in Rio de Janeiro, and discusses some ideologically generated current exaggerations about the governability crisis in this metropolis, as suggested by the experience of the 1980s and 1990s.


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