Essentials to the Law of Damages

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Essentials to the Law of Damages
Ralph Stanley Bauer
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174. See Sedg. Dam. (9th ed. ) 1373.
140 CONFLICTS OF LAWS 141 ually in contract, the law of the place where the breach takes place governs as to damages, the law of such place being both the law contemplated by the parties and the law of the place where the wrong is committed. But the measure of damages may be determined according either to the law of the place of contracting or to the law of the place designated for performance, according to the intention of the parties. 3 A fruitful source o
...f litigation as to the measure of damages, and especially as to what law governs such measure, has been contracts to transmit and deliver telegrams. Of course, on principle, the law of the forum should not affect the measure of damages, and so it is usually determined in these cases, as in others. The cases presenting most difficulties have, in the past, been those based upon contracts to transmit messages from one state to another. This field was in a state of con- fusion up to the comparatively recent time of the pas- sage of a federal statute bringing telegraph companies into the category of common carriers of interstate busi- ness and making them amenable to federal law.

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