Warning

Info

Table of Contents
Jawshu, CLS '24 |

0 0

Back to briefs

Freund v. Washington Square Press

(1974)

New York Court of Appeals - 314 N.E.2d 419, 34 N.Y.2d 379

tl;dr:

A publisher breached a contract to publish an author’s manuscript. The author was not entitled to the cost of publication as damages.

Video Summary


Case Summary

In Freund v. Washington Square Press (1974), the New York Court of Appeals examined a contract dispute regarding a publication agreement. The plaintiff (Freund) argued that the defendant (Washington Square Press) breached the contract by failing to publish the manuscript in hardcover within the agreed-upon 18-month timeframe. The main question before the court was determining the appropriate damages for the defendant's breach of contract.

The court concluded that the plaintiff was only entitled to nominal damages, as the claimed consequential and expectation damages were too speculative and uncertain. The delay in academic promotion depended on factors beyond the manuscript's publication, and estimating lost royalties or publication costs was difficult given the unknown marketability of the manuscript.

This case is significant because it highlights the principle of certainty in contract law, which requires damages to be proven with reasonable certainty rather than conjecture or speculation. Additionally, the court's decision emphasizes that damages should not put the injured party in a better position than they would have been had the contract been performed as agreed. The ruling also indicates that courts will consider the contract's nature and purpose, as well as the harm's foreseeability and causation, when determining recoverable damages.

ICRAIssue, Conclusion, Rule, Analysis for Freund v. Washington Square Press

LSD+ exclusive

This content is exclusively for LSD+ users.

Sign up for LSD+ for full access to the Freund v. Washington Square Press case brief summary.

Enjoy unlimited access with our 14-day free trial.

Facts & HoldingFreund v. Washington Square Press case brief facts & holding

Facts:Freund (plaintiff) sued the publisher Washington Square Press (defendant) for...

Holding:The purpose of monetary damages is to put the injured...

LSD+ exclusive

This content is exclusively for LSD+ users.

Sign up for LSD+ for full access to the Freund v. Washington Square Press case brief summary.

Enjoy unlimited access with our 14-day free trial.

DeepDiveHighlight a legal term to see the definition

Font size -+
Freund v. Washington Square Press | Case Brief DeepDive
Majority opinion, author: Rabin, J.
Level 1
Click below 👇 to DeepDive

This case involves a breach of contract claim by an author against a publisher for failing to publish the author's manuscript. The court denied specific performance and awarded $10,000 for the cost of hardcover publication. Recovery for lost royalties and the cost of paperbound publication was denied. The lower court erred in denying specific performance. The Appellate Division affirmed the lower court's decision that the cost of publication was not the proper measure of damages. The court ordered a trial on the issue of damages to determine the appropriate compensation for the plaintiff's interests in the contract. Only nominal damages are recoverable as a formal vindication of the plaintiff's legal right to compensation.

Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua.Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua.Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua.Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua.Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua.Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua.Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua.

LSD+ exclusive

This content is exclusively for LSD+ users.

Sign up for LSD+ for full access to the Freund v. Washington Square Press case brief summary.

Enjoy unlimited access with our 14-day free trial.

🤯 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 Freund v. Washington Square Press 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.

Freund v. Washington Square Press

Chat for Freund v. Washington Square Press
brief-57
👍 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.