Contracts: satellite launch services; anticipatory repudiation; right to damages. The rule recognizing the discharge of an obligation to pay damages for a total breach by repudiation where "it appears after the breach that there would have been a total failure by the injured party to perform his return promise" (Restatement (Second) of Contracts § 254(1)) is an application of the basic principle requiring the injured party to demonstrate that the breach caused the injury.
Damages: The excess
of market price over contract price does not represent the exclusive measure
of damages
suffered where the value of the breached contract can be
determined by comparison of a hypothetical sale in the no-breach world with an
actual replacement transaction in the real world.
CLAUDIA RODRIGUEZ as legal representative of MARIO ARTURO RODRIGUEZ, v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES
(03-87V)
Vaccine Act; Burden of Proof Standard; MMR Vaccination; Transverse Myelitis
Signed by Judge Merow.
Post-award bid protest; 28 U.S.C. § 1491(b)(1)
(2000); reasonableness of contracting officer's nonresponsiveness
determination based
on post-bid opening communications
(1) from surety that contractor not authorized to submit bid bond and
(2) from contractor that
would not have a payment or performance bond; effect of contracting officer's
non-responsibility
determination in absence of reference to the Small
Business Administration