1st Restatement of Section 90 vs. 2nd

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zeth006
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1st Restatement of Section 90 vs. 2nd

Postby zeth006 » Mon Oct 11, 2010 3:48 pm

Anyone know what the crucial differences are? My notes are very scant on this topic and my study buddies don't really have much in this department.

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robin600
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Re: 1st Restatement of Section 90 vs. 2nd

Postby robin600 » Tue Oct 12, 2010 9:36 am

Why are you looking at the 1st restatement instead of the 2nd? Did you prof emphasize this?

http://uclalawreview.org/pdf/57-3-2.pdf

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zeth006
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Re: 1st Restatement of Section 90 vs. 2nd

Postby zeth006 » Tue Oct 12, 2010 11:03 am

robin600 wrote:Why are you looking at the 1st restatement instead of the 2nd? Did you prof emphasize this?

http://uclalawreview.org/pdf/57-3-2.pdf


Yep.

koeni082
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Re: 1st Restatement of Section 90 vs. 2nd

Postby koeni082 » Tue Oct 12, 2010 9:35 pm

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.'

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zeth006
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Re: 1st Restatement of Section 90 vs. 2nd

Postby zeth006 » Tue Oct 12, 2010 9:41 pm

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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