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Occasionally, When the Common Law Is Applied to the Facts

Question 41

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Occasionally, when the common law is applied to the facts of a case that is before the courts, the injured party faces a financial or personal hardship as a result. This often occurs where the strict application of the law prevents the recovery of damages by the injured party because of some action taken by him, which may have been unintentional of inadvertent. Discuss what the court may do in such an instance at the request of the injured party and explain whether you believe the outcome to be desirable.

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At the request of the plaintiff's lawyer...

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