Template:M summ 2002 ISDA 9(d): Difference between revisions

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	The [[common law]], as we know, has done a fine job of shaping and polishing a set of remedies for [[breach of contract]] over the centuries — remedies which are, broadly, agnostic to what the contract happens to say. By the time we come to ask the question that intellectual construct, after all, is ''broken'': in tatters. Fruity expectations of a healthy, long and fecund forward relationship lie suffocated on the desiccating salted earth. The contract is an ex parrot: no longer a reliable guide to the parties’ expectations. It is the court to draw upon its centuries of analogy to put the aggrieved persons in the best shape it can.		[[Remedies Cumulative - ISDA Provision\|The]] [[common law]], as we know, has done a fine job of shaping and polishing a set of remedies for [[breach of contract]] over the centuries — remedies which are, broadly, agnostic to what the contract happens to say. By the time we come to ask the question that intellectual construct, after all, is ''broken'': in tatters. Fruity expectations of a healthy, long and fecund forward relationship lie suffocated on the desiccating salted earth. The contract is an ex parrot: no longer a reliable guide to the parties’ expectations. It is the court to draw upon its centuries of analogy to put the aggrieved persons in the best shape it can.

	Thus, the [[common law]] provides a framework of [[causation]], [[contributory negligence\|contribution]], [[Remoteness of damage\|foreseeability]], [[proximity]] and [[Indeterminate liability\|determinacy]] of loss that it can apply to a wronged party to work out a juridical compensation for its loss of bargain.		Thus, the [[common law]] provides a framework of [[causation]], [[contributory negligence\|contribution]], [[Remoteness of damage\|foreseeability]], [[proximity]] and [[Indeterminate liability\|determinacy]] of loss that it can apply to a wronged party to work out a juridical compensation for its loss of bargain.