scholarly journals FE Evaluation of Hillside Excavation for a Construction Contract Dispute

2020 ◽  
Vol 36 (1) ◽  
Author(s):  
Rune Storesund
Keyword(s):  
Forensic Evaluation ◽  
Residential Property ◽  
Breach Of Contract ◽  
Property Owner ◽  
Field Reconnaissance ◽  
Napa County ◽  
Site Field

This paper presents a forensic evaluation of an earthwork grading dispute between a grading contractor (plaintiff) and property owner (defendant) associated with construction of an approach driveway and hill-side cut for a new residential property. The plaintiff’s allegations were that “changed conditions” had been encountered through the presence of a landslide and/or geologic fault. These conditions resulted in schedule delays and increased costs. Finally, the plaintiff alleged breach of contract after being terminated. The allega-tions were investigated through both on-site field reconnaissance and desktop studies. The forensic analyses found no basis for the changed conditions claims. The case was tried in Napa County California Superior Courts via bench trial. The judge’s decision mirrored the findings of the forensic analyses.

Negotiating Damages after One Step: Employment Team Move and Misuse of Confidential Information Cases

2020 ◽  
Vol 24 (3) ◽  
pp. 363-388
Author(s):  
Philippe Kuhn
Keyword(s):  
Fiduciary Duty ◽  
Confidential Information ◽  
Breach Of Contract ◽  
Injunctive Relief ◽  
One Step

This article addresses monetary remedies in employment team move and misuse of confidential information cases. It argues that, after the Supreme Court's decision in One Step (Support) Ltd v Morris-Garner, negotiating (previously Wrotham Park) damages offer a useful additional compensatory tool in misuse of confidential information cases. They can help overcome some of the difficulties with ordinary contractual damages, equitable remedies for breach of fiduciary duty and confidence and limitations in injunctive relief. While One Step is restrictive overall, there is a real role for negotiating damages in employment cases where misuse of confidential information is the sole or predominant breach of contract. The well-established Faccenda approach is suggested for identifying the requisite confidential information.

Remedies for Breach of Contract

1996 ◽  
Vol 1 (1) ◽  
pp. 43-78
Author(s):  
William W McBryde
Keyword(s):  
Critical Survey ◽  
Breach Of Contract ◽  
University Of Edinburgh ◽  
The Subject ◽  
Penalty Clauses ◽  
Law Commission

This paper,first presented on 21 October 1995 at ajoint seminar ofthe Scottish Law Commission and the Faculty of Law, University of Edinburgh, on the subject of breach of contract, is a critical survey of the remedies available in Scots law for breach of contract. It considers interest, specific implement, interdict, breach of contract, the mutuality principle, damages and penalty clauses.

Remedies for Breach of Contract: The Future Development of Scots Law in its European and International Context

1997 ◽  
Vol 1 (2) ◽  
pp. 200-226 ◽  
Author(s):  
Hector L MacQueen
Keyword(s):  
Future Development ◽  
European Contract ◽  
Breach Of Contract ◽  
International Context ◽  
The United Kingdom ◽  
Current State ◽  
The Future ◽  
University Of Edinburgh ◽  
International Conventions ◽  
Law Commission

This paper,first presented on 21 October 1995 at ajoint seminar ofthe Scottish Law Commission and the Faculty of Law, University of Edinburgh, on the subject of breach of contract, considers the future development of the law in this area, first by considering its history and current state in comparative terms and drawing the conclusion that it is characterised by a mixture of Civilian and Common Law elements; second, by comparing Scots law with the provisions on breach contained in recently published proposals for a harmonised law of contract (the UNIDROIT Principles of International Commercial Contracts, the Principles of European Contract Law prepared by the Lando Commission, and the draft “code”for the United Kingdom prepared on behalf of the English Law Commission by Harvey McGregor in the late 1960s) and in international conventions on the sale of goods. Although Scots law emerges reasonably wellfrom this exercise, there are a number of points to be taken on board in any future reform, as well as some insights into important underlying principles.

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