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  1. #1
    Platinum Member sterne.law@gmail.com's Avatar
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    Damages is calculated in two ways, depending on what type etc.
    The one way is where the person is placed in the position they would have been in had the damage not occurred, and no performance for the contract - eg, venue hire, tea, printing.
    The second way, is to place you in the position you would have been in had the contract been honoured - that is the full fees, or if it was a contract wgat ever the contratc would have enriched you by.
    There are occassions where you get both types, but they may not overlap. In other words, I claim the fees I would have got and then the costs of enue and eats. This is duplication, th evenue costs would have been required to generate the fees.
    I am not sure how they plan to calculate the CPA "damages" - I would think a combination makes sense. The direct costs no problem, particularly where entire delegation cancels. Any real, actual costs also no problem. Example where venue charges per person (OF course you then have the same issue against them charging you) The loss of profit will be the more interesting and complicated.
    Anthony Sterne

    www.acumenholdings.co.za
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

  2. #2
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    Unhappy

    Thanks Sterne - it is "the more complicated and interesting" aspect that is a huge challenge for this industry, because it DOES happen. And where we had some recourse in the past, we now have very little!

    It sometimes feels as if laws and common sense/decency are diametrically opposed.
    Regards

    Debbie
    debbie@stafftraining.co.za

    From reception to management training, assertiveness, accountability or interviewing skills, we have a wide range of training workshops available for you!
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