Frazier v. Mellowitz’s Empirical Analysis
2004
Citation profile
17
cited by 17 later decisions
2
states following
May 2019
most recently cited
1 federal appellate · 10 state decisions
Relationships
Relies on Owens Corning Fiberglass Corp. v. Cobb · 159 Ind. App. 324 - Goff v. Graham · French v. State · Bunch v. Tiwari · Tomahawk Village Apartments v. Farren
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(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 failing 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.”
4 later decisions quote this exact passage“"(1) The extent to which the injured party will obtain the substantial benefit which he could have reasonably anticipated; (2) The extent to which the injured party may be adequately compensated in damages for lack of complete performance; (3) The extent to which the party failing to perform has already partly performed or made preparations for performance; (4) The greater or less hardship on the party failing to perform in terminating the contract; (5) The willful, negligent or innocent behavior of the party failing to perform; and (6) The greater or less uncertainty that the party failing to perform will perform the remainder of the contracts."”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.