LAWS 2202 Lecture Notes - Lecture 5: Surface Mining, European Cooperation In Science And Technology
22 Apr 2016
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Chapter 5 the emergence of contract law. Peevyhouse v. garland coal & mining co. 1: facts defendant failed to restore a strip mine which it had undertaken to do. Plaintiff"s leased their farm to defendant, a mining company for 5 years, who performed strip mining. They created a contract which included provision where the defendant would do work to fill in the holes caused by the mining after the mining was complete. The defendant failed to do the remedial work. Trail court established that the remedial work would cost more than k and that the value of the farm would increase by . The court originally awarded the plaintiff only a fraction of the cost of performance but more than the total value of the farm even after the remedial work is done. The cost of performance is the proper measure of damages if it is possible and does not involve unreasonable economic waste.
