Warning

Info

Table of Contents
ALAB, SLS '24 |

0 0

Back to briefs

Clark v. Marsiglia

(1845)

New York Court for the Correction of Errors - 43 Am.Dec. 670, 1 Denio 317

tl;dr:

Clark hires Marsiglia to clean his paintings, but midway through Marsiglia's work, Clark breaches and tells Marsiglia to stop. Marsiglia is not entitled to damages for work performed after the breach.

Video Summary

ICRAIssue, Conclusion, Rule, Analysis for Clark v. Marsiglia

LSD+ exclusive

This content is exclusively for LSD+ users.

Sign up for LSD+ for full access to the Clark v. Marsiglia case brief summary.

Enjoy unlimited access with our 14-day free trial.

Facts & HoldingClark v. Marsiglia case brief facts & holding

Facts:Clark hires Marsiglia to clean some paintings. After Marisglia begins...

Holding:Lower court's judgment is reversed. Clark tried to mitigate loss...

LSD+ exclusive

This content is exclusively for LSD+ users.

Sign up for LSD+ for full access to the Clark v. Marsiglia case brief summary.

Enjoy unlimited access with our 14-day free trial.

DeepDiveHighlight a legal term to see the definition

Font size -+
Clark v. Marsiglia | Case Brief DeepDive
Majority opinion, author: Per Curiam.
Level 1
Click below 👇 to DeepDive

The defendant breached their contract by stopping the plaintiff's work on paintings, resulting in liability for damages. However, the court erred in allowing the plaintiff to recover as if there had been no countermand of the order. Damages should have included compensation for labor and materials, as well as additional damages for the breach of contract. The plaintiff was not entitled to increase the penalty on the defendant by persisting in the work. An employer is not obligated to allow work to continue if circumstances change and render the work useless. The employee is entitled to damages but cannot persist in accumulating a larger demand. The judgment was reversed, and a new trial was ordered.

🤯 High points 🤯Key points contributed by students on LSD

LSD+ exclusive

This content is exclusively for LSD+ users.

Sign up for LSD+ for full access to the Clark v. Marsiglia case brief summary.

Enjoy unlimited access with our 14-day free trial.

LSD+ Case Briefs

Features

  • DeepDive for detailed case analysis
  • Over 50,000 existing case briefs
  • Instant briefs for another 6,000,000 cases
  • Highlight dictionary for legal term definitions
  • Social learning with chat and high points

Over 50,000 Cases Briefed

LSD+ gives you access to over 50,000 case briefs, more than anyone else. Be the first to email us the website of a case brief product that offers you more case briefs and we'll give you a free year of LSD+.

14-Day Free Trial

Unlimited access. Read as much content as you want during your trial with no device limitations. Cancel any time during your trial and keep access for the full 14 days.

Integrated Legal Dictionary

Lawyers and judges love to use big words. And Latin, for some reason.

Highlight a legal term in LSD Briefs and get an instant, plain English definition. Try highlighting contract or specific performance. No need to search or read through a list of definitions, simply highlight the words you don’t know and our LSDefine integration will instantly give you a definition to any of over 30,000 legal terms.

DeepDive

DeepDive allows you to explore legal cases like never before. DeepDive offers multiple levels of case summaries, which empowers you to quickly and easily find the information you need to stay on top of readings. Easily navigate through summary levels and click on any text to get more detail, all the way down to the original legal case text.

Brief anything. Instantly.

Our proprietary state-of-the-art system can instantly brief over 6,000,000 US cases. That means we can probably brief that case that your professor assigned last night when she sent you a poorly scanned pdf and told you to read every third paragraph. Or maybe she uploaded it to Canvas and didn’t really tell you to read it, but you know you probably should. Tenure does wild things to good people.

Social Learning with Chat and High Points

Study groups are a great way to learn and explore a case. LSD has chat rooms for each case to let you ask questions across the community and hear what other students struggled with and how they put it all together. Learn the key points of every case from other LSD+ users and share your knowledge with LSD High Points.

Real-Time Brief Feedback

Don’t settle for mistakes in briefs that have been there for 10 years and never fixed. Find an issue or something missing from a brief? Down vote and we will make improvements. All of our case brief editors graduated from from T14 law schools.

Clark v. Marsiglia

Chat for Clark v. Marsiglia
brief-501
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
LSD+ is ad-free, with DMs, discounts, case briefs & more.