GP Notes

• When fact checking the sections drawn from Winfield & Jolowicz on Tort & Clerk & Lindsell on Torts, I couldn't access an original, so I had to rely on what was in the old version of the casebook (I used my PDF from last year)—it should be accurate, but because I couldn't check an original I wanted to flag it
• I was unclear on how settled the impact of excuses on damages was—in the Goldberg article, it seems like it is treated as accepted fact that the impact is minimal, but Winfield & Jolowicz on Tort gives examples of where excuses have an impact, which made me wonder if this is more of a live debate than I initially realized
  • If it is a point of debate, I could move the short blurb from the intro to its own section and set out that the debate (I just didn't want to make the intro too heavy if it is more of a debate)
  • I was also considering if it was a jurisdictional difference?