Principles of Contract At Law And in Equity a Treatise On the General Principle

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Principles of Contract At Law And in Equity a Treatise On the General Principle
Frederick Pollock
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349 ■statement is not allowed generally in this country. There is a line of cases running back to 1845°^ which hold that after an absolute repudiation or refusal to perform by one party to a contract, the other party cannot continue to perform and recover damages based on full performance. This rule is only a particular application of the general rule of damages that a plaintiff cannot hold a defendant liable for damages which need not have been incurred ; or, as it is often stated, the plainti...ff must, so far as he can without loss to himself, mitigate the damages caused by the defendant's wrongful act. The application of this rule to the matter in question is obvious. If a man engages to have work done, and afterwards repudiates his con- tract before the work has been begun or when it has been only partially done, it is inflicting damage on the defendant without benefit to the plaintiff to allow the latter to insist on proceeding with the contract. The work may be useless to the defendant, and yet he would be forced to pay the full contract price.

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