Forrest Construction Co. v. Laughlin’s Empirical Analysis

Citation profile

4 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““(a) the extent to which the injured party will be deprived of the benefit which he reasonably expected; (b) the extent to which the injured party can be adequately compensated for the part of that benefit of which he will be deprived; (c) the extent to which the party failing to perform or to offer to perform will suffer forfeiture; (d) the likelihood that the party failirig to perform or to offer to perform will cure his failure, taking account of all the circumstances including any reasonable assurances; (e) the extent' to which the behavior of the party failing to perform or to offer to perform comports with standards of good faith and fair dealing.””

   1 later decision quote this exact passage · from the majority
   e.g. M & M Electrical Contractor, Inc. v. Cumberland Electric Membership Corporation

2. “(1) there must be no existing, enforceable contract between the parties covering the same subject matter, (2) the party seeking recovery must prove that it provided valuable goods and services, (3) the party to be charged must have received the goods and services, (4) the circumstances must indicate that the parties involved in the transaction should have reasonably understood that the person providing the goods or services expected to be compensated, and (5) the circumstances must also demonstrate that it would be unjust for the party benefitting from the goods or services to retain them without paying for them.”

   1 later decision quote this exact passage · from the majority
   e.g. ICG Link, Inc. v. Philip Steen v. TN Sports, LLC v. ICG Link, Inc.