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TITLE Supreme Court Decision 2016Da249557 Decided June 8, 2017【Damages (Etc.)】 [full Text]
Summary
[1] Cases in which a party may rescind or terminate a contract on grounds of change in circumstances, and meaning of “circumstance” in this context
Whether a party may rescind or terminate a continuous contract for the sole reason that economic circumstances changed to the detriment of the party (negative)
[2] Whether it can be deemed that a judge engaged in legal impropriety in finding facts by recourse to expert appraisal (negative in principle)
[3] Whether it is the prerogative of the fact-finding court to find facts or set ratios on comparative negligence or the grounds of limitation of liability (affirmative in principle)
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