Wednesday, September 28, 2011

Federal Circuit -- CORDIS CORP. V. BOSTON SCIENTIFIC CORP.

Despite intervening sale of assets, breaching party still expected to perform so long as contract has not been repudiated.  No damages until they have actually been incurred.

Partial breach, not total breach.

Commercial enterprise exception does not apply - govt was not trying to make a profit.

CORDIS CORP. V. BOSTON SCIENTIFIC CORP.
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.