· 9/5/1991
Care Travel Company, Ltd. v. Pan American World Airways, Inc.
Citations
- 944 F.2d 983
- 1991 U.S. App. LEXIS 20884
- 1991 WL 172844
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that if one party imposes a unilateral modification and the other party continues to perform, recovery for breach is precluded
- upholding damages calculated based on the plaintiff’s analysis of the defendant’s profit records in the disputed air travel service areas
- approving practice of “interpos[ing] relevant questions to witnesses to clarify both legal and factual issues and thus minimize 18 possible confusion in the jurors’ minds” (internal quotation marks omitted)
- extrinsic evidence may be used once a court determines that a contract term is ambiguous
- extrinsic evidence may be used once a court determines that a contract term is ambiguous
- “The compromise nature of the verdict gives rise to an inference that the jury considered both parties’ arguments and attempted to arrive at a reasonable estimate of appellee’s damages.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Cardamone, Mahoney, Martin
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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