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 1

Front Cover
Baker, Voorhis & Company, 1891 - Damages

From inside the book

Contents

Amount of compensation care
11
fully defined 13 Later modes of trial
13
By ordeal 15 By battle 16 By wager of
15
By jury
17
Modern tribunals 19 Quantum of damages a question
19
for the jury
20
DAMAGES UNDER OTHER SYSTEMS OF LAW 20 Jewish law 21 Hindoo
21
Roman
22
How awarded under Roman law 24 Arbitrary rules of reparation under Roman
23
Civil
25
Dommageintérêts indefinite
26
Limited only by discretion of judge 28 Methods of avoiding injustice
27
these systems xiii
28
CHAPTER II
46
with others
87
Remote consequences not com 129 Intervening agenciesGeneral pensated rule
113
Right of actionProximate 130 Loss through a forced sale of cause property
114
Scott v Shepherd 131 Injury to animalsInfectious
115
Question of remoteness a ques disease tion of fact 132 Straying animalsNonrepair of fences or gates
116
Remote consequences in
117
French law machinery or of business
118
Difference between civil and premises common law 134 Of means of protection to per
119
Scotch law son or property
120
Louisiana law 135 Through detention of prop
121
General principles in the com erty mon law 136 Personal injuryFalse impris
122
Consequences of an act complex onment in nature 137 Loss of service
123
Avoidable consequences 138 Loss of a dependent contract
124
stroying a contract
125
Intervention of a living agency formance Independent will 140 Expense incurred on faith
126
Loss of credit or custom the defendants contract
127
Loss caused by a crowd at 141 Stock purchased on faith
128
CHAPTER III
134
Where no loss is inflicted dam
151
tracted lease or conveyance II NATURAL CONSEQUENCES 142 Unnatural or unexpected con 149 General results of Hadley v
156
The rule in Hadley v Baxen Čo dale 152 Loss caused by unexpected nat 145 Griffin v Colver ural causes supervening on 146 Meaning of the rule in ...
157
CONTENTS OF VOL I
161
Notice of a subcontract but 167 Notice of special use for prem
163
Amount of loss must be shown 185 Failure to give possession of real
170

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Page 207 - 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.
Page 424 - ... certain time or otherwise, the jury, on the trial of any issue, or on any inquisition of damages, may, if they shall think fit, allow interest to the creditor at a rate not exceeding the current rate of interest from the time when such debts or sums certain were payable, if such debts or sums be payable by virtue of some written instrument at a certain time...
Page 204 - ... 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 those special circumstances so known and communicated.
Page 35 - We think that the true rule of law is that the person who, for his own purposes, brings on his land and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril ; and if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.
Page 21 - For all manner of trespass, whether it be for ox, for ass, for sheep, for raiment, or for any manner of lost thing, which another challengeth to be his, the cause of both parties shall come before the judges ; and whom the judges shall condemn, he shall pay double unto his neighbour.
Page 205 - ... the damages must be such as may fairly be supposed to have entered into the contemplation of the parties when they made the contract, that is, must be such as might naturally be expected to follow its violation; and they must be certain, both in their nature and in respect to the cause from which they proceed.
Page 280 - Profits or advantages which are the direct and immediate fruits of the contract entered into between the parties are part and parcel of the contract itself, entering into and constituting a portion of its very elements, something stipulated for, and the right to the enjoyment of which is just as clear and plain as to the fulfillment of any other stipulation.
Page 424 - Upon all debts or sums certain, payable at a certain time or otherwise, the jury on the trial of any issue or on any inquisition of damages, may, if they shall think fit (z), allow interest to the creditor at a rate not exceeding the current rate of interest...
Page 243 - Whenever special or extraordinary damages, such as would not naturally or ordinarily follow a breach, have been awarded for the nonperformance of contracts, whether for the sale or carriage of goods, or for the delivery of messages by telegraph, it has been for the reason that the contracts have been made with reference to peculiar circumstances known to both, and the particular loss has been in the contemplation of both, at the time of making the contract, as a contingency that might follow the...
Page 256 - The broad, general rule in such cases is, that the party injured is entitled to recover all his damages, including gains prevented as well as losses sustained...

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