A Treatise of the Law of Damages: Embracing an Elemantary Exposition of the Law, and Also Its Application to Particular Subjects of Contract and Tort

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Περιεχόμενα

Liability of carriers for consequential damages extraordinary cir
25
Right to compensation not affected by motive 98
26
Limitation of liability to natural and proximate consequences 13
28
Illustrations of the doctrine of the preceding section 1719
42
Anticipation of injury as to persons illustrations 25
50
Negligence of third person 27
57
Breach of statutory duties 32
67
Act of third person 4043
81
Wilful or malicious injuries 43 44
89
Frazer 215 226
94
Illustrations of liability under the rule 46
96
Liability under special circumstances 50
102
Hopegood
104
Further illustrations and discussion of tho rule 51
108
Required Certainty of Damages
119
Northern P R Co
135
Only the items which are certain are recoverable 55
138
Violation of lease 65
150
Tortious interference with business 70
156
The Constituents of Compensation or Elements
162
Same subject damages for relying on performance 81
173
Necessity of notice to indemnitor 86 87
179
Nash
186
Same subject between vendor and vendee 89
188
Burlington Mut L Assn v Heider
195
Banfield
196
Distinctions in the matter of proof 104
219
What is an entire demand? 108
225
Continuing obligations 112
232
Contracts of indemnity 117
246
Action for euticing away apprentice servant or son 122
253
Misjoinder of plaintiffs when a fatal objection 134
261
Joint and several liability for torts 140142
267
LEGAL LIQUIDATIONS AND REDUCTIONS
279
Reciprocal obligations 147
285
Equitable doctrine of 149
287
Provocation in libel and slander 152 153
293
Plaintiffs negligence 155
300
Morris 156
301
No mitigation when benefit not derived from defendant 158
311
Plaintiffs consent 162
319
Wight 9
320
Recoupment and Counterclaim
327
Constituent features of recoupment 172
335
Maturity of claim or demand 177
342
Crossclaim must rest on contract or subjectmatter of action 178
352
Cause of action connection between and crossclaim 183
362
Allen 184
363
Election of defendant to file crossclaim or sue upon his demand 187
368
Firman 309
370
Notice of crossclaim 190
375
Setoff of Judgments
386
Assignee must make an absolute purchase 202
392
A bell v Munson 445
395
Characteristics of money 205
396
Effect of fluctuations in currency 211
408
Erie R Co
410
Par of exchange 212
415
Who may execute 256
420
Appropriation by the court 241
491
Accord and Satisfaction
504
Any other act or promise which is a new consideration will suffice 249
510
Construction 255
516
Right to make 260
527
By whom 264
534
How made 268
541
Must be unconditional 270
552
Effect of tender when money paid into court 276
559
Damages can be liquidated orjy by a valid contract 280
565
Liquidated damages contradistinguished from penalty 283
581
Large sum to secure payment of a smaller 288
590
Stipulation where damages certain and easily proved 289
606
Stipulation for payment of a fixed sum for partial or total breach 294 295
614
Effect of part performance accepted where damages liquidated 296
626
Agreements for More Than Legal Rate Before
629
Compound interest 873
630
Interest in England legalized by statutes 302
636
Whether same rate will apply after debt due 308 309
642
turity
653
Agreements for interest from date until debt paid 310
655
Effect of usury found 313
663
When contracts not void for usury 315
671
Not usurv but penalty 318
679
Tacit agreements to pay interest on accounts 322
688
Quantum meruit claim to interest between vendor and purchaser 328
694
No interest on penalties nor statutory liability for riots 330
701
Not allowed on revival of judgment by scire facias 335
710
Right to interest as affected by the marital relation 341
716
Interest on advancements 345
722
Interest on accounts 349 350
728
When allowed on money had and received 352
735
When allowed against agents trustees and officers 353
744
General rule as to contracts 357
750
Bonds to the United States 359
756
Where usury is involved 362365
762
The law of what place governs the rate of damages 366
779
Interest as an Incident to the Principal
791
When tender may be made 385 386
816
Pleading
823
On judgments pending review 388
830
Malice in law and malice in fact 394
848
Restriction and denial of exemplary damages 395
854
Same subject other states 400
862
Enhancement and mitigation of exemplary damages 401405
875
Liability of officers municipalities and estates 412
888
What provable under general allegation of damage
895
Matter of aggravation not traversable 423
904
Writ of inquiry 427
905
Defendant may offer evidence in reduction of damages 430
912
Burden of proof 438
918
Opinions as to amount of damages 444
927
By actual sales 447
933
Life and annuity tables 455
939
Excessive or insufficient verdicts 459 460
961
Judgment must follow verdict 466
967
Eements of damage for personal torts 93
1007
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Σελίδα 102 - 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...
Σελίδα 528 - Pleas, calling upon the plaintiff to show cause why the verdict should not be set aside...
Σελίδα 78 - The question always is, was there an unbroken connection between the wrongful act and the injury, — a continuous operation? Did the facts constitute a continuous succession of events, so linked together as to make a natural whole, or was there some new and independent cause intervening between the wrong and the injury?
Σελίδα 226 - It results from this principle, and the rule is fully established, that an entire claim, arising either upon a contract or from a wrong, cannot be divided and made the subject of several suits; and If several suits be brought for different parts of such a claim...
Σελίδα 102 - 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.
Σελίδα 102 - 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.
Σελίδα 78 - The primary cause may be the proximate cause of a disaster, though it may operate through successive instruments, as an article at the end of a chain may be moved by a force applied to the other end, that force being the proximate cause of the movement, or as in the oft-cited case of the squib thrown in the market place.
Σελίδα 102 - 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.
Σελίδα 77 - The test is to be found, not in the number of intervening events or agents, but in their character, and in the natural and probable connection between the wrong done and the injurious consequence. So long as it affirmatively appears that the mischief is attributable to the negligence as a result which might reasonably have been foreseen as probable, the legal liability continues.
Σελίδα 145 - When the books and cases speak of the profits anticipated from a good bargain, as matters too remote and uncertain to be taken into the account in ascertaining the true measure of damages, they usually have reference to dependent and collateral engagements entered into on the faith, and in expectation of the performance of the principal contract.

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