Cases on the Law of DamagesWest Publishing Company, 1902 - 758 σελίδες |
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Άλλες εκδόσεις - Προβολή όλων
CASES ON THE LAW OF DAMAGES Floyd R. (Floyd Russell) 1858-1 Mechem Δεν υπάρχει διαθέσιμη προεπισκόπηση - 2016 |
Cases on the Law of Damages (Classic Reprint) Floyd Russell Mechem Δεν υπάρχει διαθέσιμη προεπισκόπηση - 2017 |
Συχνά εμφανιζόμενοι όροι και φράσεις
actual damage affirmed agent ages alleged amount appeal appellee applied authority award bill of lading breach of contract brought cause of action charge charter party circumstances cited claim commencement compensation complained conductor consequence continuing trespass corporation counsel covenant defendant defendant's delivered demurrage doctrine duty entitled to recover evidence Exch exemplary damages facts fendant ground held injury instruction judge judgment jury justice liable liquidated damages loss malice measure of damages ment nature negligence nominal damages nuisance opinion party passenger perform person plain plaintiff in error principle profits proved punishment punitive damages Q. B. Div question Railroad Co railroad company Railway reason recover damages recovery refused result rule of damages servant street suffered suit Supreme Court sustained tained tiff tion tort tract train trespass trial verdict violation wanton witness wrongful act
Δημοφιλή αποσπάσματα
Σελίδα 514 - 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.
Σελίδα 187 - 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 208 - ... ordinarily follow from a breach of contract under these special circumstances so known and communicated. 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 49. 9 Exch. 341 (1854). FORESEEABILITY which would arise generally, and in the great multitude of cases not affected by any special circumstances, from such a breach of contract.
Σελίδα 160 - But when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Σελίδα 247 - 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.
Σελίδα 508 - The company will not be liable for damages or statutory penalties in any case where the claim is not presented in writing within sixty days after the message is filed with the -Company for transmission.
Σελίδα 506 - It Is agreed between the sender of the following message and this company that said company shall not be liable for mistakes or delays in the transmission or delivery or for nondelivery of any UNRELATED message, whether happening by negligence of Its servants or otherwise, beyond the amount received for sending the same...
Σελίδα 431 - ... 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. 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,...
Σελίδα 179 - 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.
Σελίδα 4 - If the plaintiff has a right, he must of necessity have a means to vindicate and maintain it, and a remedy if he is injured in the exercise or enjoyment of it; and indeed it is a vain thing to imagine a right without a remedy; for want of right and want of remedy are reciprocal.