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'''Facts''': Defendant agreed to publish a book, and Plaintiff would receive a percentage of profits. Defendant later merged with another publisher and refused to publish Plaintiff's book. '''Issue''': What damages may Plaintiff receive? '''Holding''': For Plaintiff, but only nominal damages. '''Rule''': * Damages must be proved with reasonably certainty -- royalties were only speculative and unascertainable * Specific performance denied -- we don't want to force unwilling parties to work together (as in a service contract) * New Business Rule : (eroding) ** A new business has no track record (thereby introducing uncertainty), which prevents recovery of damages upon breach ** Can calculate the damages if you have some reasonable basis of calculation (i.e. similar businesses) [[Category:Cases:Contracts]]
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