Whats the difference between R2 of K S 90 and S 139?

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Extension_Cord
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Whats the difference between R2 of K S 90 and S 139?

Postby Extension_Cord » Mon Nov 07, 2011 6:40 pm

Is it that 139 is just used when an action would generally be barred by the SF?

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jessuf
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Re: Whats the difference between R2 of K S 90 and S 139?

Postby jessuf » Mon Nov 07, 2011 7:05 pm

Extension_Cord wrote:Is it that 139 is just used when an action would generally be barred by the SF?


yes

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Extension_Cord
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Re: Whats the difference between R2 of K S 90 and S 139?

Postby Extension_Cord » Mon Nov 07, 2011 7:26 pm

Jessuf wrote:
Extension_Cord wrote:Is it that 139 is just used when an action would generally be barred by the SF?


yes


It looks like 139 is a beast though, you can recover expectancy damages, but in 90 you only recover reliance damages.

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jessuf
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Re: Whats the difference between R2 of K S 90 and S 139?

Postby jessuf » Mon Nov 07, 2011 11:02 pm

Extension_Cord wrote:
Jessuf wrote:
Extension_Cord wrote:Is it that 139 is just used when an action would generally be barred by the SF?


yes


It looks like 139 is a beast though, you can recover expectancy damages, but in 90 you only recover reliance damages.


No, 139 and 90 say word-for-word "The remedy granted for breach is to be limited as justice requires," and the title of 139 is Enforcement by Virtue of Action In Reliance.

So reliance damages only for both




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