A Treatise on Damages: Covering the Entire Law of Damages, Both Generally and Specifically, Volume 2

Capa
Banks Law Publishing Company, 1903 - 2669 páginas
 

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Conteúdo

TITLE VIII
1422
CHAPTER LII
1437
Proportionate amount 1487 Estimate of value before
1469
CHAPTER LIII
1471
CHAPTER LIV
1494
DefensesGenerallyMitiga
1502
Marine insuranceConcur 1523 Fire riskCost of producing
1506
CHAPTER LV
1507
Increased value of land
1514
Baxendale
1516
Error
1517
CHAPTER LVII
1574
Same subject continued
1575
DeductionsSetoff
1576
CHAPTER LVIII
1644
Refusal or failure to accept 1662 Same subject continued
1649
Internal revenueCollect ors bond 1609 Justice of the peaceBond
1669
Marshals bond 1611 Notarys bond 1612 Postmasters bond
1670
Probate judgeBond of 1614 Replevin bonds
1671
Saloon keepers bond
1672
Sheriffs bond 1617 Surviving partners bond 1618 Tax collectors bond
1673
TitlesBond
1674
Vendors bond to pay assess ments CHAPTER LIX
1675
saleVendor and vendee
1676
Delivery on or about a certain date 1629 Delivery on demand 1630 Nominal damages
1683
Goods or merchandise for special purpose or
1684
Special damages where con tract of resale exists
1686
Goods for Christmas trade V
1687
Where consideration paid in advance
1688
Performance prevented
1689
Patented rights or articles 1640 Sale of exclusive rights Patents
1691
Sale and delivery of entire output
1692
Contract to furnish certain amount per day 1643 Contract to sell samples Purchaser to solicit orders 1644 Goods consigned for sale
1693
Goods to be shipped 1646 Merchandise shipped to for eign country Failure to furnish papers necessary to permit landingFines
1694
Sale to partner
1695
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Página 1422 - But, on the other hand, if these special circumstances were wholly unknown to the party breaking the contract, he, at the most, could only be supposed to have had in his contemplation the amount of injury which would arise generally, and in the great multitude of cases not affected by any special circumstances, from such a breach of contract.
Página 1422 - ... 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.
Página 1514 - ... 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.
Página 1514 - 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...
Página 1422 - ... For had the special circumstances been known, the parties might have specially provided for the breach of contract by special terms as to the damages in that case ; and of this advantage it would be very unjust to deprive them. Now the above principles are those by which we think the jury ought to be guided in estimating the damages arising out of any breach of contract.
Página 1103 - ... that the injury was caused by the negligence of a fellow servant or that the employee assumed the risk of his employment, or that the injury was due to the contributory negligence of the employee.
Página 911 - ... of another, his heirs or personal representatives may maintain an action for damages against the person causing the death, or if such person be employed by another person who is responsible for his conduct, then also against such other person. In every action under this and the preceding section, such damages may be given as under all the circumstances of the case, may be just.
Página 1131 - ... for any loss, damage, or injury by collision, or for any act, matter, or thing, loss, damage, or forfeiture, done, occasioned, or incurred, without the privity or knowledge of such owner or owners...
Página 1553 - ... 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.
Página 1422 - 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.

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