Cases on Damages Selected from Decisions of English and American CourtsWest Publishing Company, 1909 - 626 sider |
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Cases on Damages Selected from Decisions of English and American Courts Floyd Russell Mechem,Barry Gilbert Uten tilgangsbegrensning - 1909 |
Cases on Damages Selected from Decisions of English and American Courts Floyd R 1858-1928 Mechem,Barry Gilbert Ingen forhåndsvisning tilgjengelig - 2015 |
Cases on Damages Selected from Decisions of English and American Courts ... Floyd R. Mechem Ingen forhåndsvisning tilgjengelig - 2017 |
Vanlige uttrykk og setninger
actual damages alleged allowed appears appellant appellee applied ascertained assumpsit authority breach of contract brought cause of action charge circumstances claim compensation consequence consideration contract price counsel covenant defendant defendant's delivered delivery difference entitled to recover evidence Exch exemplary damages facts is rewritten fendant held horse injury interest Iowa judgment jury justice labor land liable liquidated damages loss malice market price market value measure of damages mental suffering mitigation mitigation of damages nature negligence nominal damages opinion is omitted owner paid party pecuniary penalty performance person plain plaintiff in error plaintiff is entitled principle profits punishment purchase question Railroad Railroad Co reason recover damages recovery refused replevin result rule of damages sold statement of facts stipulated suit Supreme Court sustained tiff tion tort tract trespass trial trover vendee vendor verdict warranty wrongful act
Populære avsnitt
Side 205 - Now, if the special circumstances under which the contract was actually made were communicated by the plaintiffs to the defendants, and thus known to both parties, 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 these special circumstances so known and communicated.
Side 160 - But it is generally held that, in order to warrant a finding that negligence, or an act not amounting to wanton wrong, is the proximate cause of an injury, it must appear that the injury was the natural and probable consequence of the negligence or wrongful act, and that it ought to have been foreseen in the light of the attending circumstances.
Side 446 - Mental pain or anxiety the law cannot value, and does not pretend to redress when the unlawful act complained of causes that alone; though, where a material damage occurs and is connected with it, it is impossible a jury in estimating it should altogether overlook the feelings of the party interested.
Side 183 - 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 as 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 197 - The knowledge must be brought home to the party sought to be charged, under such circumstances that he must know that the person he contracts with reasonably believes that he accepts the contract with the special condition attached to it.
Side 363 - The detriment caused by the wrongful conversion of personal property is presumed to be : "First — The value of the property at the time of the conversion, with the interest from that time, or, an amount sufficient to indemnify the party injured for the loss which is the natural, reasonable and proximate result of the wrongful act complained of and which a proper degree of prudence on his part would not have averted; and "Second — A fair compensation for * the time and money properly expended...
Side 146 - The true rule is, that what is the proximate cause of an injury is ordinarily a question for the jury. It is not a question of science or of legal knowledge. It is to be determined as a fact, in view of the circumstances of fact attending it.
Side 200 - ... it ceases to have any application; it cannot be applied to other circumstances which could not have been in the contemplation of the parties when the contract was made.
Side 563 - These contracts are merely upon condition, frequently expressed, but always implied, that the vendor has a good title. If he has not, the return of the deposit, with interest and costs, is all that can be expected.
Side 183 - 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...