A Treatise on the Measure of Damages: Or, An Inquiry Into the Principles which Govern the Amount of Pecuniary Compensation Awarded by Courts of JusticeJ. S. Voorhies, 1858 - 689 lappuses |
No grāmatas satura
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xii. lappuse
... 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 ...
... 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 ...
xiii. lappuse
... 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 ...
... 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 ...
24. lappuse
... interest and damages , interêts and dommages - interêts . Interêt answers precisely to our interest , and is the measure of damages inflicted for the breach of a mere pecuniary obligation , as in the common cases of bills and notes ...
... interest and damages , interêts and dommages - interêts . Interêt answers precisely to our interest , and is the measure of damages inflicted for the breach of a mere pecuniary obligation , as in the common cases of bills and notes ...
69. lappuse
... interest has been applied as the measure of damages for the detention of property . " ( g ) So where a privateer had improperly detained a merchant vessel , and taken out her crew , in consequence of which she was lost - it was held by ...
... interest has been applied as the measure of damages for the detention of property . " ( g ) So where a privateer had improperly detained a merchant vessel , and taken out her crew , in consequence of which she was lost - it was held by ...
71. lappuse
... interest on the amount expended in purchasing stock for the mill . ( n ) ( 3 ) So in an action brought on a covenant to keep a mill - dam in repair , it was held in Massachusetts that the plaintiff was entitled to recover the expense ...
... interest on the amount expended in purchasing stock for the mill . ( n ) ( 3 ) So in an action brought on a covenant to keep a mill - dam in repair , it was held in Massachusetts that the plaintiff was entitled to recover the expense ...
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Citi izdevumi - Skatīt visu
Bieži izmantoti vārdi un frāzes
action of trespass actual damage agreement allowed assessed assumpsit Barb Barn Bing bond breach of contract brought claim Clark common law compensation Conn consequence considered costs covenant Cush debt declaration defendant defendant's delivered Denio entitled to recover evidence expenses forms of action Fost fraud give given held Hill injury interest Johns Jones judgment jury justice land liable liquidated damages Lord loss Mass Massachusetts measure of damages Mees ment mesne mesne profits Metc mitigation of damages Monr negligence nisi prius nominal damages Ohio owner paid party payment penalty Penn Pick plaintiff principle profits proved question R. R. Co recover damages recovery replevin rule of damages Sandf says seisin Seld sheriff Smith special damage statute suit Supreme Court surety sustained tion tort trespass trial trover vendee verdict warranty Watts Wend York Zabr
Populāri fragmenti
211. lappuse - 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.
78. lappuse - ... 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.
39. lappuse - The distinction between actions at law and suits in equity, and the forms of all such actions and suits, heretofore existing, are abolished, and there shall be, in this state, hereafter, but one form of action, for the enforcement, or protection of private rights, and the redress of private wrongs, which shall be denominated a civil action.
297. lappuse - Court erred in charging that the measure of damages was the difference between the contract price and the market price at...
83. lappuse - But the question remains, can the plaintiff then, consistently with the authorities, maintain his action, having been at least equally in fault. The answer is that, supposing that fact ascertained by the jury, but to this extent, that he merely indulged the natural instinct of a child in amusing himself with the empty cart and deserted horse, then we think that the defendant cannot be permitted to avail himself of that fact. The most blamable carelessness of his servant having tempted the child,...
78. lappuse - ... 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. 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.
478. lappuse - By the common as well as by statute law, men are often punished for aggravated misconduct or lawless acts by means of a civil action, and the damages inflicted by way of penalty or punishment given to the party injured. In many civil actions, such as libel, slander, seduction, d i-., the wrong done to the plaintiff is incapable of being measured by a money standard...
39. lappuse - The discretion of a judge is the law of tyrants : it is always unknown ; it is different in different men ; it is casual, and depends upon constitution, temper, and passion. In the best, it is oftentimes caprice ; in the worst it is every vice, folly, and passion, to which human nature is liable.'*- — Lord Camden.
599. lappuse - Eminent domain is (A) the right of the government to take private property for public use...
68. lappuse - Upon a contract for a purchase, if the title proves bad, and the vendor is (without fraud) incapable of making a good one, I do not think that the purchaser can be entitled to any damages for the fancied goodness of the bargain which he supposes he has lost.