The plaintiff (most probably at the suggestion of her attorney) changed strategy and decided to employ a procedural argument rather than substantive one.
I identify important possibilities, ignored in the formal models, which serve materially to reduce the profitably of the strategy to a plaintiff.
He asked the plaintiffs to sit aside to discuss this ruling.
There, as we saw, the plaintiff's right to remedy in some sense derived from the right in whose violation the defendant's breach of duty consisted.
Litigation was indeed very costly for both plaintiffs and defendants, and the above expenses were only the tip of the iceberg.
The restitutionar y claim is made out if some of the plaintiff's loss corresponds to some of the defendant's gain.
Let us assume that both parties agree that the plaintiff's rule is the fair rule.
The important point is that the defendant's duty to the plaintiff persists after its breach.
