Par šo grāmatu
Mana bibliotēka
Grāmatas pakalpojumā Google Play
CONTENTS.
[The references are to the new paging.]
INTRODUCTION.
CHAPTER I.
GENERAL VIEW OF THE SUBJECT.
Distinction between Common Law and Equity, as to the relief given.-Origin
of damages. Different principles on which different systems of jurispru-
dence act in awarding damages.-That of the English and American
systems is Compensation.-Nature and extent of this compensation gene-
rally. Difficulties arising from the Forms of action.
CHAPTER II.
NOMINAL DAMAGES.
CHAPTER III.
REMOTE AND CONSEQUENTIAL DAMAGES.
No compensation allowed in damages, but for the direct and immediate conse-
quences of the act complained of-French Law on this subject-Scotch
Law-The Common Law-What are considered direct and immediate
consequences-Loss of profits-As between principal and surety-Statutes
-Counsel fees-Damages arising after suit brought-Prospective damages
-Liability of grantees of franchises for consequential damages. .
CHAPTER IV.
MEASURE OF DAMAGES IN ACTIONS FOR POSSESSION OF REAL PROPERTY.
Rule of Damages in actions brought to recover the possession of Real Estate-
In Real Actions generally-Ejectment-Trespass for mesne Profits-
Dower.
PAGE
. 1
7
43
56
119
CHAPTER V.
MEASURE OF DAMAGES FOR WRONGFUL INTERFERENCE WITH REAL PROPERTY.
The Rule of Damages in actions for wrongful interference with the occupation
or enjoyment of Real Estate-Trespass to Real Property-Case-Nuisance
-Waste.
CHAPTER VI.
136
RULE OF DAMAGES IN ACTIONS BROUGHT FOR THE BREACH OF COVENANTS OR AGREEMENTS
GROWING OUT OF THE CONVEYANCE OR OCCUPATION OF REAL ESTATE.
The Ancient Warranty-Modern Covenants-The Stipulatio Duplex and Edic-
tum Edilium of the Roman Law-Rules of the Modern Civil Law, in cases
of Eviction-Of the French Code-Measure of Damages according to the
Common Law, in case of Eviction-On the Covenants for Quiet Enjoy-
ment, and of Warranty-Consideration named in the Deed-Measure of
Damages on the Covenant of Seisin-On the Covenant against Incum-
brances-On Covenants to convey Lands-Covenants in Leases-Cove-
nants to repair and to rebuild Ecclesiastical Property.
CHAPTER VII.
THE MEASURE OF DAMAGES IN ACTIONS ON CONTRACTS.
General rules of compensation in personal actions founded on breach of con-
tract, without penalty or liquidated damages-Damages limited to the
results of the breach of contract-Motives of the defendant not inquired
into-Exceptions. The contract controls the measure of damages-Ex-
ceptions. Tender, how far equivalent to performance in reference to
damages-Compensation in cases of partial or imperfect performance of
contract-Rule of damages on continuing agreements-Forms of action
employed-Account obsolete.
156
208
CHAPTER VIII.
THE MEASURE OF DAMAGES IN ACTIONS UPON PROMISSORY NOTES AND BILLS OF EXCHANGE.
On Promissory Notes the legal rate of interest fixes the measure of damages.
Questions-when the currency is altered-when the contract is made in
one country and the suit is brought in another-when the amount of
recovery depends on the consideration paid or received. Rule of Damages
on Bills of Exchange-Re-exchange fixed in the United States generally
by Statute.
246
CHAPTER IX. #
THE MEASURE OF DAMAGES IN ACTIONS UPON POLICIES OF INSURANCE.
Marine Insurance-partial loss-total loss-general average-the principle of
arbitrary remuneration-Fire Insurance-Life Insurance.
262
CHAPTER X.
PAGE.
MEASURE OF DAMAGES UPON THE BREACH OF CONTRACTS FOR THE SALE OF PERSONAL
PROPERTY.
Roman Law-General rule as against vendor is, the difference between the
contract price and the value of the article on the day fixed for delivery—
How far this rule is modified by payment of the price in advance-Exam-
ination of the decisions-As against vendee, the whole price may be
recovered, although the article be not delivered-Rules of the modern
Civil Law-Molinæus-Pothier-Measure of damages against vendor
upon breach of warranty, is the difference between the value of the article
as warranted, and its value as delivered.
272
CHAPTER XI.
THE MEASURE OF DAMAGES IN ACTIONS GROWING OUT OF THE CONTRACT OF PRINCIPAL AND
SURETY.
Various contracts of suretyship-Rights resulting from implied promise—
Express promise to do a particular act-Express promise to indemnify
and save harmless-As a general rule, the surety cannot make any claim
against his principal until he has actually paid the debt-Exception
where the party contracts to do a particular thing-The measure of dam-
ages as affected by the mode of payment-when made in land or property
other than money-when in securities-What expenses or costs the surety
can recover against the principal-Measure of damages as between surety
and co-surety-as between lessee and sub-lessee.
319
CHAPTER XII.
RULE OF DAMAGES AS BETWEEN PRINCIPAL AND AGENT.
Liability of Agents for nominal Damages-The measure of Remuneration is a
question of law, whether the common-law forms of Assumpsit or Case be
employed-The Agent is charged with the amount of the loss, if he has
been guilty of negligence, whether the loss be the direct consequence of
his neglect or not-Cases examined-The Agent may show that no loss
has resulted-Liability of Principal to Agent-Sub-Agents.
CHAPTER XIII.
351
THE MEASURE OF DAMAGES IN REGARD TO COMMON CARRIERS, UPON BILLS OF LADING,
AND ON CONTRACTS OF AFFREIGHTMENT.
The value of the article at the place of destination fixes the measure of dam-
ages-Cases examined-Mode of arriving at the value-Rule, when suit
is brought by Carrier on breach of agreement to furnish freight.
871
CHAPTER XIV.
OF CERTAIN SPECIAL CONTRACTS, AND OF THE COMMON-LAW ACTION OF COVENANT.
Cases of Contracts not considered in the previous chapters-Damages on Agree-
ments for forbearance-Contractors on Public Works-Misappropriation
of Pledges-Cases examined-Forfeiture of Stock by Corporation-Refusal
by Corporation to permit transfer of Stock-Damages in suits by Assignees
of Bankrupts-Breach of Promise of Marriage-Action of Covenant-
Charter Parties-Assignments of Judgments-Leases.
CHAPTER XV.
OF INTEREST WITH REFERENCE TO DAMAGES.
Interest first given in England by Statute-When allowed as matter of Law
-When by the Jury in their discretion-Allowed where a principal sum
is to be paid at a fixed time-Where an agreement can be inferred-Not
allowed where the demand is unliquidated-Conflict between English
and American decisions-Money improperly detained-Cash advances—
Special cases-Compound Interest-Cash advances-Discretion of the
Jury-In Trover and Trespass-Interest on Error-On Judgment-When
Principal has been paid.
382
392
CHAPTER XVI.
OF PENALTIES; LIQUIDATED DAMAGES; AND THE COMMON-LAW ACTION OF DEBT.
Debt and Covenant-Debt on Bond-Amount of recovery within the Penalty
-Assignment of Breaches-Liquidated Damages-Ne-Exeat Bonds—
Bonds to resign Livings-Recovery beyond the Penalty..
CHAPTER XVII.
SET-OFF AND RECOUPMENT OF DAMAGES.
No Set-off at Common Law-Introduced by the Courts of Equity-Statutes
on the subject-Original meaning of Recoupment-Cases in England-
Where suit brought on the original contract; or on a Bill or Note given
under it-Where Fraud set up-Necessity of notice-American significa-
tion of the term-Cases in this country-Payment after suit brought.
CHAPTER XVIII.
THE RULE OF DAMAGES IN ACTIONS FOR TORTS GENERALLY,
Forms of Action prescribed for wrongs-Trover-Case-Trespass-Replevin-
Unless Aggravation is proved, the Measure of Damages in actions of Tort
is matter of Law-Where Aggravation is shown, the Jury have a discre-
tion to give Exemplary or Vindictive Damages beyond compensation for
actual Loss-All the attendant circumstances may be proved-Rule where
both plaintiff and defendant are in fault-In Collision-In Cases of Felony.
411
448
475
CHAPTER XIX.
THE RULE OF DAMAGES IN ACTIONS BROUGHT FOR THE MISAPPROPRIATION OR CONVERSION
OF PERSONAL PROPERTY-THE COMMON-LAW ACTION OF TROVER.
The general Rule is the value of the property converted-Special Damages,
whether recoverable-Value, whether estimated at time of conversion
or at time of trial—Where plaintiff claims a special property, or by virtue
of a lien-Where the defendant has bestowed labor on the property-In
regard to Choses in Action-Interest-Mitigation of Damages.
499
CHAPTER XX.
THE RULE OF DAMAGES IN ACTIONS BROUGHT FOR THE RECOVERY OF SPECIFIC PERSONAL
PROPERTY; THE COMMON-LAW ACTIONS OF DETINUE AND REPLEVIN.
Detinue Nature of the proceeding of Replevin-In this action damages can
be recovered by both parties-Where the defendant succeeds, he is enti-
tled to interest upon the value of the property during its detention-How
the value is to be estimated-Damages recoverable by the plaintiff. . 523
CHAPTER XXI.
THE MEASURE OF DAMAGES IN ACTIONS OF CASE AND TRESPASS-SUITS AGAINST SHERIFFS
AND OTHER PUBLIC OFFICERS; AND AGAINST THEIR SURETIES.
In actions of Case or Trespass, against Public Officers, the Rule of Damages is
usually a question of law-The general Rule is the injury actually sus-
tained by the plaintiff On whom does the proof of damage rest?-Cases
examined-In America, the debt due the plaintiff is primâ facie the Mea-
sure of Damages-If aggravation is shown, the jury may give exemplary
Damages-Mitigation Suits against Collectors of Customs-Suits against
Sureties of Public Officers. .
531
CHAPTER XXII.
THE MEASURE OF DAMAGES IN CASES OF TRESPASS TO PERSON OR TO PROPERTY.
In every case of trespass, damages are recoverable whether the act was inten-
tional or accidental. But if no aggravation is shown, the rule of damages
is generally a question of law-Case or Trespass for injuries to property-
Decisions examined-Mitigation-Case or Trespass for injuries to person
-Libel and Slander-Slander to Title-Seduction-Criminal Conversa-
tion-Breach of Promise-Enticing Servants-Malicious Prosecution—
Decisions examined-Mitigation-Case or Trespass where Fraud is
averred-Fraud in sale of lands-Mitigation and Recoupment-General
Principles, .
555