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Ch. 11
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2000 LAWS OF MARYLAND
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21-806. REMEDIES FOR FRAUD.
REMEDIES FOR MATERIAL MISREPRESENTATION OR FRAUD INCLUDE ALL
REMEDIES AVAILABLE UNDER THIS TITLE FOR NONFRAUDULENT BREACH OF
CONTRACT.
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DAMAGES.
21-807. MEASUREMENT OF DAMAGES IN GENERAL.
(A) EXCEPT AS OTHERWISE PROVIDED IN THE CONTRACT, AN AGGRIEVED
PARTY MAY NOT RECOVER COMPENSATION FOR THAT PART OF A LOSS WHICH COULD
HAVE BEEN AVOIDED BY TAKING MEASURES REASONABLE UNDER THE
CIRCUMSTANCES TO AVOID OR REDUCE LOSS. THE BURDEN OF ESTABLISHING A
FAILURE OF THE AGGRIEVED PARTY TO TAKE MEASURES REASONABLE UNDER THE
CIRCUMSTANCES IS ON THE PARTY IN BREACH OF CONTRACT.
03) A PARTY MAY NOT RECOVER:
(1) CONSEQUENTIAL DAMAGES FOR LOSSES RESULTING FROM THE
CONTENT OF PUBLISHED INFORMATIONAL CONTENT UNLESS THE AGREEMENT
EXPRESSLY SO PROVIDES; OR
(2) DAMAGES THAT ARE SPECULATIVE.
(C) THE REMEDY FOR BREACH OF CONTRACT FOR DISCLOSURE OR MISUSE OF
INFORMATION THAT IS A TRADE SECRET OR IN WHICH THE AGGRIEVED PARTY HAS A
RIGHT OF CONFIDENTIALITY INCLUDES AS CONSEQUENTLY DAMAGES
COMPENSATION FOR THE BENEFIT OBTAINED AS A RESULT OF THE BREACH.
(D) FOR PURPOSES OF THIS TITLE, MARKET VALUE IS DETERMINED AS OF
THE DATE OF BREACH OF CONTRACT AND THE PLACE FOR PERFORMANCE.
(E) DAMAGES OR EXPENSES THAT RELATE TO EVENTS AFTER THE DATE OF
ENTRY OF JUDGMENT MUST BE REDUCED TO THEIR PRESENT VALUE AS OF THAT
DATE. IN THIS SUBSECTION, "PRESENT VALUE" MEANS THE AMOUNT, AS OF A DATE
CERTAIN, OF ONE OR MORE SUMS PAYABLE IN THE FUTURE OR THE VALUE OF ONE
OR MORE PERFORMANCES DUE IN THE FUTURE, DISCOUNTED TO THE DATE
CERTAIN. THE DISCOUNT IS DETERMINED BY THE INTEREST RATE SPECIFIED BY
THE PARTIES IN THEIR AGREEMENT UNLESS THAT RATE WAS MANIFESTLY
UNREASONABLE WHEN THE AGREEMENT WAS ENTERED INTO. OTHERWISE, THE
DISCOUNT IS DETERMINED BY A COMMERCIALLY REASONABLE RATE THAT TAKES
INTO ACCOUNT THE CIRCUMSTANCES OF EACH CASE WHEN THE AGREEMENT WAS
ENTERED INTO.
21-808. LICENSOR'S DAMAGES.
(A) IN THIS SECTION, "SUBSTITUTE TRANSACTION" MEANS A TRANSACTION
BY THE LICENSOR WHICH WOULD NOT HAVE BEEN POSSIBLE EXCEPT FOR THE
LICENSEE'S BREACH AND WHICH TRANSACTION IS FOR THE SAME INFORMATION OR
INFORMATIONAL RIGHTS WITH THE SAME CONTRACTUAL USE TERMS AS THE
TRANSACTION TO WHICH THE LICENSEE'S BREACH APPLIES.
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- 136 -
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