· 6/5/1985
Board of Education of Alamogordo Public School District No. 1. v. Jennings
Citations
- 701 P.2d 361
- 102 N.M. 762
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that wrongfully discharged employee is entitled to damages in the amount due during the remainder of the wrongfully terminated contract, offset by the amount of income which employee received from other employment during the remainder of the contract period
- determining that Section 22-10-21 applies to all certified school personnel
- wrongfully terminated employee is entitled to the amount of damages that will make him whole and is not entitled to any windfall
- “[A] party whose contract has been breached is not entitled to be placed in a better position because of the breach than he would have been in had the contract been performed.” (internal quotation marks omitted)
- “ ‘[T]he purpose of allowing damages in a breach of contract case is the restoration to the injured of what he has lost by the breach, and what he reasonably could have expected to gain if there had been no breach.’ ”
- treating offset as a subset of mitigation
Source: CourtListener parenthetical corpus (CC0).
Judges: Riordan, Federici, Stowers
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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