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Fiche 1,  Justifications,  Anglais

Record number: 1, Textual support number: 1 CONT

... where the plaintiff claims to be put into "the same situation... as if the contract had been performed," there are two quite distinct bases of assessment: difference in value and cost of cure. The practical difference between the two bases is strikingly illustrated by an American case in which a coal company took a mining lease of farmland, covenanting to restore the land to its original state at the end of the lease. The cost of doing the work would have been $29,000, but the result of not doing it was to reduce the value of the land by only $300. Damages for the company's failure to do the work were assessed at the latter. In English law damages for breach of a tenant's covenant to repair are by statute assessed on a "difference in value" basis.  1, fiche 1, Anglais, - difference%20in%20value

Fiche 1,  Justifications,  Français

Fiche 1,  Justifications,  Espagnol