Friday, May 17, 2019
This recent case out of Delaware, Leaf Invenergy Co. v. Invenergy Renewables LLC, C.A. No. 11830-VCL, is a corporate disagreement that requires the court to interpret the contract and then establish the proper measure of damages. Which is very complicated, with the courts disagreeing on what the benefit of the bargain was, what needs to be considered to put the party in the position they would have been in but for the breach, and how the theory of efficient breach affects all of this. Damages is always a unit that makes my students' heads hurt, and this is a case that reminds me why!
h/t to Eric Chiappinelli from Texas Tech!