Analysis of Impracticability and Frustration in Information and Control Scenarios
Explore various scenarios involving information and control dynamics, such as the best cost avoider approach, transatlantic financing, and individual cases like Sally and Ed, Tony and the Movie Company, Sowle and Marvel, Krell vs. Henry, Horse Race, and Tony. The analysis delves into the importance of having the right information and control to avoid losses and make informed decisions in different situations.
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Impracticability and Frustration: Information and Control Richard Warner
Best Cost Avoider Approach Put liability on the person in the best position to take steps to avoid the lost. Being in the bets position to take step to avoid the loss requires: Information Control
Transatlantic v. US information Control Transatlantic Financing Yes Yes United States Department of Agriculture Less No
Sally and Ed information Control Sally No No Yes Yes Ed
Tony and the Movie Company information Control No No Tony Yes Movie Company
Sowle and Marvel Information Control No Sowle No No (?) Yes Marvel
Krell v. Henry information Control Krell (owner) No Yes No Yes Henry (renter)
Horse Race information Control Yes (information about delays from lines going down) Yes (but costly) Telegraph Co. Yes (less costly) Yes Sender
Tony information Control Yes No Tony No No (?) Movie Company