1st Restatement of Section 90 vs. 2nd Forum
- zeth006
- Posts: 1167
- Joined: Tue May 12, 2009 2:54 am
1st Restatement of Section 90 vs. 2nd
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.
- robin600
- Posts: 1634
- Joined: Wed Dec 31, 2008 3:07 pm
Re: 1st Restatement of Section 90 vs. 2nd
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
http://uclalawreview.org/pdf/57-3-2.pdf
- zeth006
- Posts: 1167
- Joined: Tue May 12, 2009 2:54 am
Re: 1st Restatement of Section 90 vs. 2nd
Yep.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
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- Joined: Tue Mar 02, 2010 2:09 pm
Re: 1st Restatement of Section 90 vs. 2nd
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.'
- zeth006
- Posts: 1167
- Joined: Tue May 12, 2009 2:54 am
Re: 1st Restatement of Section 90 vs. 2nd
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.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.'
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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