A Treatise on the Measure of Damages: Or, An Inquiry Into the Principles which Govern the Amount of Pecuniary Compensation Awarded by Courts of Justice, Volum 1Baker, Voorhis & Company, 1891 |
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Andre utgaver - Vis alle
A Treatise on the Measure of Damages: Or, An Inquiry Into the ..., Volum 1 Theodore Sedgwick,Arthur George Sedgwick Uten tilgangsbegrensning - 1891 |
TREATISE ON THE MEASURE OF DAM Theodore 1811-1859 Sedgwick,Joseph Henry 1861-1943 Beale,Arthur G. (Arthur George) 184 Sedgwick Ingen forhåndsvisning tilgjengelig - 2016 |
A Treatise on the Measure of Damages: Or, an Inquiry Into the Principles ... Theodore Sedgwick, Jr. Ingen forhåndsvisning tilgjengelig - 2015 |
Vanlige uttrykk og setninger
actual agreement assumpsit Bank Barb Baxendale bond breach of contract brought Brown caused chattels circumstances claim common law Conn consequence costs counsel fees court of equity covenant debt defendant defendant's delay deliver entitled exemplary damages expense fact fendant given Hadley held injured party injury interest Jeffersonville Jones judgment jury liable Lord Lord Mansfield loss market value Mass measure of damages mill Minn mitigation of damages mortgage natural negligence nominal damages notice owner paid payable payment pecuniary plaintiff plaintiff could recover plaintiff's land premises principle profits question R.R. Co reasonable recover compensation recovery remote repair replevin result rule Smith solidus statute sub-contract suffered suit Supreme Court sustained tiff tion tort trespass trover verdict Wend weregild Western U. T. Wilson wrong-doer wrongful act wrongfully York
Populære avsnitt
Side 207 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.
Side 424 - ... certain time or otherwise, the jury, on the trial of any issue, or on any inquisition of damages, may, if they shall think fit, allow interest to the creditor at a rate not exceeding the current rate of interest from the time when such debts or sums certain were payable, if such debts or sums be payable by virtue of some written instrument at a certain time...
Side 204 - ... the damages resulting from the breach of such a contract, which they would reasonably contemplate, would be the amount of injury which would ordinarily follow from a breach of contract under those special circumstances so known and communicated.
Side 35 - We think that the true rule of law is that the person who, for his own purposes, brings on his land and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril ; and if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.
Side 21 - For all manner of trespass, whether it be for ox, for ass, for sheep, for raiment, or for any manner of lost thing, which another challengeth to be his, the cause of both parties shall come before the judges ; and whom the judges shall condemn, he shall pay double unto his neighbour.
Side 205 - ... the damages must be such as may fairly be supposed to have entered into the contemplation of the parties when they made the contract, that is, must be such as might naturally be expected to follow its violation; and they must be certain, both in their nature and in respect to the cause from which they proceed.
Side 280 - Profits or advantages which are the direct and immediate fruits of the contract entered into between the parties are part and parcel of the contract itself, entering into and constituting a portion of its very elements, something stipulated for, and the right to the enjoyment of which is just as clear and plain as to the fulfillment of any other stipulation.
Side 424 - Upon all debts or sums certain, payable at a certain time or otherwise, the jury on the trial of any issue or on any inquisition of damages, may, if they shall think fit (z), allow interest to the creditor at a rate not exceeding the current rate of interest...
Side 243 - Whenever special or extraordinary damages, such as would not naturally or ordinarily follow a breach, have been awarded for the nonperformance of contracts, whether for the sale or carriage of goods, or for the delivery of messages by telegraph, it has been for the reason that the contracts have been made with reference to peculiar circumstances known to both, and the particular loss has been in the contemplation of both, at the time of making the contract, as a contingency that might follow the...
Side 256 - The broad, general rule in such cases is, that the party injured is entitled to recover all his damages, including gains prevented as well as losses sustained...