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koeni082 wrote:According to my prof, the first 90 forces courts to enforce the full K, while 2nd gives the court discretion to limit enforcement to that which 'avoids injustice.'
Yep. My fragmented notes mention that Restatement 90 allows for limits upon expectancy damages which are allowed under the 2nd but not under the 1st.
Believe me, if it were up to me, I wouldn't give a rat's ass about the differences. But my survival is at stake, so when the piper plays the tune, I've gotta dance.
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