Q1. The common law of contract has three traditional ways of calculating monetary damages:
Which of these forms of damages would you put in box 1 of the matrix below?
Q2. The common law of contract has three traditional ways of calculating monetary damages:
Which of these forms of damages would you put in box 2 of the matrix below?
Q3. The common law of contract has three traditional ways of calculating monetary damages:
Which of these forms of damages would you put in box 3 of the matrix below?
Q4. Once you have assigned expectation, reliance, and restitution damages to their respective boxes, what should go in the empty box?
The damages calculation in the empty box would . . .
Q1. Consider the case Yates v. United States, 135 S.Ct. 1074 (2015), which involved interpretation of the statute 18 U.S.C. 1519:
“Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title 11, or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both.”
Yates, a commercial fisherman, was charged and convicted under this statute. His offense? Ordering a crew member to toss undersized red grouper back into the sea in order to prevent federal investigators from proving that he had violated federal conservation regulations. The Court considered whether a fish was a “tangible object” under the statute.
Which interpretive canon[s] did Justice Ginsburg rely upon in her opinion?
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