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Explanatory Notes for a Supreme Court judgment in which it was held that, with respect to damages representing lost profit suffered by a lessee of a store space due to the lessor's failure to fix its defects, at least part of the damage suffered after the time the lessee could have taken measures to avoid or mitigate the damage may not be considered "damage that is usually suffered as stipulated by Article 416, Paragraph 1 of the Civil Code" (Supreme Court Judgment issued by the Second Petty Bench on January 19, 2009)
Articles Nov 2009

Explanatory Notes for a Supreme Court judgment in which it was held that, with respect to damages representing lost profit suffered by a lessee of a store space due to the lessor's failure to fix its defects, at least part of the damage suffered after the time the lessee could have taken measures to avoid or mitigate the damage may not be considered "damage that is usually suffered as stipulated by Article 416, Paragraph 1 of the Civil Code" (Supreme Court Judgment issued by the Second Petty Bench on January 19, 2009)

Nov 2009
Authors Shinji Kusakabe
Publication Horitsu-no-hiroba Vol. 62 No. 11 [November 2009 issue]
Issue Nov 2009
Practice Areas Dispute Resolution