Topic: if a cost would have been incurred even in the non-breach w… · Go Syfert
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Topic #1104

6 canonical passages across 5 cases, quoted by 26 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Energy Northwest v. United States.

#Case FlagCanonical passage Citers
1 Energy Northwest v. United States Anchor
cafc · 2011
green “if a cost would have been incurred even in the non-breach world, it is not recoverable.” 5
2 Harvey Ward Locke v. United States
cc · 1960
green “certainty is sufficient if the evidence adduced enables the court to make a fair and reasonable approximation of the damages.” 5
3 Energy Northwest v. United States
cafc · 2011
green “the plaintiff may prove the amount of costs by whatever means available, so long as the cumulative result is a reasonable certainty that the awarded costs were actually caused by the breach.” 4
4 Bingaman v. Department Of The Treasury
cafc · 1997
green “the principle of collateral estoppel dictates that an issue that is fully and fairly litigated, is determined by a final judgment, and is essential to that judgment, is conclusive in a subsequent action between the same parties.” 4
5 Bluebonnet Savings Bank, F.S.B., and Stone Capital, Inc. (Formerly Known as Cfsb Corporation), and James M. Fail v. United States
cafc · 2003
green “to derive the proper amount for the damages award, the costs resulting from the breach must be reduced by the costs, if any, that plaintiff would have experienced absent a breach.” 4
6 Indiana Michigan Power Company v. United States
cafc · 2005
green “accordingly, must bring any future actions for damages related to doe's breach of the standard contract within six years of incurring such damages.” 4

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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