full force of those damages, overcompensatory
It recognizes that cost-of-completion damages may well be overcompensatory
, and provides a justification for this deviation from the compensation principle.
Homeostatic preservation would arguably predict compensatory (overcompensatory
) responses proportional to magnitude of stressing events.
Further, statutory damages are not the only way in which copyright remedies are overcompensatory
, and section 504(c)(2) would do nothing about those other problems.
One potential mechanism for the overcompensatory
pattern of a Ricker model is cannibalism (Hines & Ruiz 1995, Dittel et al.
It was offered to defendant soon after the purchase, and though no price was named, the valuation which has been put upon it by complainant and his witnesses is from three to five times what it cost him, and this perhaps gives some indication what his expectations were.(15) As Edward Yorio has noted: "[T]he peculiar facts of Edwards dramatize how equitable remedies may be used to extort overcompensatory
settlements."(16) Edwards represents a strategic "coming to the nuisance" in order to extort a supercompensatory payment.
aggregata responded to natural and simulated herbivory by overcompensatory seed production, i.e., damaged plants produced more fruits and seeds than did undamaged plants (cf.
We propose that the field gentian has a limited inductive time period (ITP) during which shoot damage can induce overcompensatory regrowth.
(10.) Specifically, overcompensatory
damages deter potentially efficient breaches.
If that were the case, thinning of the aging population through harvesting could alleviate overcompensatory
density dependence, "creating room" for new settlers.
By elevating the compensatory interest to an overriding principle of damage calculation, the proposed Code opens up virtually all remedies to a defendant's claim that a particular plaintiff's recovery would be overcompensatory
and thus should be reduced.(68) It thereby transforms contract-market damages from an objective remedy that might be invoked to protect an aggrieved party's secrecy interest into a subjective remedy that permits a breaching party to obtain wide-ranging firm-specific information during the discovery process.
If conditions are still crowded when the aphids mature, they will migrate to other alder trees, hence the dramatic fall in the population in midsummer, which is caused by an overcompensatory
response to crowding, in which the majority of the population leaves the host tree.