A Treatise on the Measure of Damages: Or, An Inquiry Into the Principles which Govern the Amount of Pecuniary Compensation Awarded by Courts of Justice, Volume 2

Front Cover
Baker, Voorhis & Company, 1891 - Damages
 

Contents

Malicious attachment
48
TORTS INVOLVING Loss OF SERVICE 468 Injury to child or servant
50
Enticement of servant 470 Consequential damages
51
Seduction
52
Damages governed by legal rules
54
General rule 481 General rule 482 Loss of time 483 Medical expenses 474 Exemplary damages
55
Aggravation 476 Mitigation
56
Action by the party seduced
57
Criminal conversation
58
Aggravation 480 Mitigation
59
PERSONAL INJURY
60
Mental and physical suffering
64
Loss of capacity to labor
65
Action by married woman or minor
67
MitigationProvocation
68
Truth
69
Bad character of the plaintiff 489 Criminal conviction
70
Circumstances of the parties 491 Avoidable consequences
71
CHAPTER XIV
72
General rule in cases of conver sion 494 Conversion by temporary wrong ful
74
Value how determined
75
Value where to be estimated
76
Value when to be estimated
77
Natural increase 499 Property increased in value by the defendant
78
RULE OF HIGHER INTERMEDIATE VALUE
99
Page 72
124
New Hampshire
125
Contract to hold for a rise in
133
Decrease in value
147
CHAPTER XVII
153
Suits between different officers 567 Receiptors
193
Property sold illegally 569 Exclusion from office
196
CHAPTER XVIII
197
Prospective pecuniary loss
208
Services of a child
209
Services after majority
210
Care and services of a parent
213
Next of
215
Evidence stances
216
Probable duration of life
217
Excessive verdicts
218
Reduction of damages
219
Exemplary damages 585 Contributory negligence
220
CHAPTER XIX
222
CHAPTER XX
239
Entire and divisible contracts 646 Goodrich v Hubbard
240
Entire contract price recoverable in some cases
272
Tender of performance
273
CHAPTER XXI
335
THE MEASURE OF DAMAGES IN ACTIONS UPON BONDS 676 Penalty and liquidated dam1 685 Injunction bonds ages 677 Damages in excess...
353
CHAPTER XXIII
374
CONTENTS OF VOL II
381
CHAPTER XXIV
393
CHAPTER XXV
422
Expenses 773 Litigation expenses
423
Retraction
453
Rule in Louisiana
454
Slander of title
455
Warranty of title
492
Warranty of indorsements
493
That a certain sum is due 777 Fraud in sale of chattels
494
Smith v Bolles
497
English rule
499
Actual loss always recoverable 795 Contracts to save from liability
526
Payment
530
Payment by note Page 510
532
Note must be accepted as pay ment
539
Payment by bond or nonnego tiable note 800 Payment in land or goods
540
Compensation for actual loss only
543
Judgment against surety often conclusive on principal
545
Litigation expenses
547
Notice of suit
551
Consequential loss
557
Cosureties
558
Costs between cosureties
560
THE MEASURE OF DAMAGES IN ACTIONS INVOLVING AGENCY
562
Agents to collect mercantile in struments
577
Agent makes the debt his
579
Agents to sellUnauthorized sale
580
cipal
583
Sale on wrong terms
586
Neglect to sell 825 Agents to purchaseNeglect to purchase
588
Purchase of wrong goods 827 Purchase at excessive price
590
Agents to deal in stock 829 Agents to care for real estate
592
Agents to invest money in mort gage of land
593
Attorneys
594
Auctioneers 833 Liability of subagents to agents
595
AGENT AGAINST PRINCIPAL 834 Indemnity for loss or expense III THIRD PARTY AGAINST PRETENDED AGENT
596
Liability for acting without 837 Expense of litigation authority
598
Loss of bargain
601
Incidental expenses
603
Unauthorized suits
604
Consequential damages
605
Waiver of full performance
621
Agreements to loan money
622
To assign or keep valid an in surance policy
623
To work a farm on shares
624
For construction of buildings
625
For forbearance
626
Actions against stockholders
627
By assignees of bankrupts
628
Agreements for arbitration and award
629
To construct stations
630
To build fences walls
631
Not to engage in business
632
For exclusive agency
633
Assignments of judgment
634
Alternative contracts
635
Miscellaneous contracts
636
Exceptional nature of the action 640 After suit broughtJustifica
637
General rule tion
638
Aggravation
639
Mitigation
641
Compensation for the risk of in jury 867 Consequences of exposure
648
American rule
650
Pullman Palace Car Co v
651
General conclusions
653
Avoidable consequences
654
Baggage
656
CHAPTER XXIX
657
What is the direct loss
692
Price of the messageNominal damages
694
Mental suffering
695
Avoidable consequences
696
Exemplary damages 897 Causa proxima
697

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Common terms and phrases

Popular passages

Page 688 - ... 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.
Page 423 - When contracts for the sale of chattels are broken by the vendor failing to deliver the property according to the terms of the bargain, it seems to be well settled, as a general rule, both in England and the United States, that the measure of damages is the difference between the contract price and the market value of the article at the time when...
Page 462 - The promisee, if he pleases, may treat the notice of intention as inoperative, and await the time when the contract is to be executed, and then hold the other party responsible for all the consequences of non-performance ; but in that case he keeps the contract alive for the benefit of the other party as well as his own.
Page 199 - ... whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued...
Page 643 - Damages arising from mere sudden terror unaccompanied by any actual physical injury, but occasioning a nervous or mental shock, cannot, under such circumstances, their lordships think, be considered a consequence which, in the ordinary course of things, would flow from the negligence of the gatekeeper.
Page 439 - Where a man contracts to deliver any article besides money, and fails to do it, the rule of damages is the value of the article at the time and place of delivery, and the interest for the delay.
Page 642 - The proposition is that, although if an act of negligence produces such an effect upon particular structures of the body as at the moment to afford palpable evidence of physical injury, the relation of proximate cause and effect exists between such negligence and the injury, yet such relation cannot in law exist in the case of a similar act producing upon the same structures an effect which, at a subsequent time — say a week, a fortnight, or a month • — must result without any intervening cause...
Page 688 - ... may fairly and reasonably be considered either as 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.
Page 328 - It is said that in those cases where the plaintiff has been permitted to recover there was an acceptance of what had been done. The answer is, that where the contract is to labor from day to day, for a certain period, the party for whom the labor is done in truth stipulates to receive it from day to day, as it is performed, and although the other may not eventually do all he has contracted to do, there has been, necessarily, an acceptance of what has been done in pursuance of the contract, and the...
Page 686 - Of course, where the negligence of the telegraph company consists not in •delaying the transmission of the message, but in transmitting a message erroneously, so as to mislead the party to whom it is addressed, and on the faith of which he acts in the purchase or sale of property, the actual loss based upon changes In market value is clearly within the rule for estimating damages.

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