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, 2권

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Baker, Voorhis & Company, 1891

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Malicious attachment
48
TORTS INVOLVING LOSS OF SERVICE
50
Enticement of servant 470 Consequential damages
51
Seduction
53
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
Forms of action
73
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
Severance from the freehold
82
The rule in England
85
Technical rule followed in some jurisdictions
86
Defendant generally allowed value of his labor
88
Sale by wanton trespasser
93
Confusion
95
Consequential damages
97
507 Higher intermediate value
99
Other jurisdictions following
126
Contract to hold for a rise in
133
Value of
148
Failure to arrest 552 Escape 553 Value of custodyThe rule in England
153
American rule
171
Insufficient bail or surety
178
Failure to return
179
False return
181
Miscellaneous breaches of duty
182
Magistrate
183
County clerk
184
Treasurer 562 Town officers
185
Collector of customs
186
Trespass by officer
189
Wrongful attachment
191
Suits between different officers
193
Receiptors
195
Property sold illegally 569 Exclusion from office
196
CHAPTER XVIII
197
General principles
201
Present loss
203
Prospective pecuniary loss
207
Services of a child
209
Services after majority
211
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
220
Contributory negligence
221
CHAPTER XIX
222
Reduction of damages
226
Partial loss
227
Earnings of the vessel
228
Total loss
229
Damage to cargo
231
Costs and interest 598 Stipulations 599 Other torts in admiraltyDi
235
CHAPTER XX
239
Entire and divisible contracts 646 Goodrich v Hubbard
240
General rule includes profits
260
Masterton v The Mayor
263
Contracts to expend labor on property 616 Kidd v McCormick
265
Distinction between damages and means of proving them
267
Damages upon prevention of performance or rescission by defendant
269
Entire contract price recoverable in some cases
272
Tender of performance
273
Waiver of full performance B Rule of Damages in Particular Cases 622 Agreements to loan money 623 To assign or keep valid an in surance policy
274
To work a farm on shares 625 For construction of buildings
275
For forbearance 627 Actions against stockholders
279
By assignees of bankrupts
280
Agreements for arbitration and award
281
To construct stations etc 631 To build fences walls
282
Not to engage in business
283
For exclusive agency
284
Assignments of judgment
285
Alternative contracts
286
Miscellaneous contracts
289
Breach of Promise of Marriage
292
Exceptional nature of the action 640 After suit broughtJustifica 638 General rule tion
293
Aggravation
295
Mitigation
299
IMPLIED OR QUASICONTRACTS
314
PLAINTIFF IN DEFAULT
325
CHAPTER XXI
335
CHAPTER XXII
353
Official bonds
371
Actions against sureties
372
Miscellaneous bonds
373
CHAPTER XXIII
374
CHAPTER XXIV
393
Constructive total loss
395
Measure of loss on open policy
396
Valued policy 714 Partial loss 716 Exceptions to rule of indem nity
397
General average
401
Proximate cause and quential loss
402
Reduction of damage
404
Measure of loss
407
Actual value of the property lost
409
Election of insurer to rebuild Alternative contract
410
Damages affected by the title
413
Reduction of damages
414
Reinsurance
415
LIFE INSURANCE 729 Life insurance not a contract of 731 Accident insurance indemnity 730 Refusal to issue or continue a 732 Assessment polic...
417
conse
420
Retraction
453
Rule in Louisiana
454
Slander of title
455
Rescission
456
Resale after default
457
Promise to give a bill or note
459
Consequential damages
460
759 Warranties IV WARRANTY
466
Between value as warranted and actual value
468
The latter the general rule
473
Warranty of quantity or value
475
Avoidable consequences
476
Consequential damages
477
Upon warranty of fitness for a purpose
479
Upon warranty of machines
481
Of seeds
483
By communication of disease
484
Upon a subcontract
485
Purchase for sale at a distance
487
Expenses
488
Litigation expenses
489
Warranty of title
491
Warranty of indorsements
493
That a certain sum is
494
Fraud in sale of chattels
495
Smith v Bolles
497
English rule
499
Results of the doctrine of Smith v Bolles
500
General conclusions
501
FOREIGN LAW 782 Justinians laws
502
Civil law authorities
505
CHAPTER XXVI
510
Express contract of indemnity
512
Interpretation of the contract 788 Measure of damages on tracts of indemnity
513
Contracts to pay or discharge a debt con
514
The rule not to be approved on principle
519
Contracts to indemnify or save harmless
520
Early cases erroneous
523
Later cases follow the true rule
525
Actual loss always recoverable 795 Contracts to save from liability
526
Payment by note Page 510
533
Note must be accepted as pay ment
539
Payment by bond or nonnego tiable note
540
Payment in land or goods
541
Compensation for actual loss only
543
Judgment against surety often conclusive on principal
545
Litigation expenses
547
Notice of suit
553
Consequential loss
557
Cosureties
559
Costs between cosureties
561
CHAPTER XXVII
562
Agents to insure
573
Liable only if insurer would have been
576
Agents to collect mercantile in struments
577
Agent makes the debt his
579
Agents to sellUnauthorized sale
580
cipal
583
Sale on wrong terms
587
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 agents
595
AGENT AGAINST PRINCIPAL
596
Indemnity for loss or expense of subagents
597
Liability for acting without 837 Expense of litigation authority
598
Loss of bargain
601
Incidental expenses
603
Unauthorized suits
604
CHAPTER XXVIII
605
Refusal to transport
607
Consequential damages Page
611
Value where to be estimated
615
Connecting lines
617
Value when to be estimated
618
Injury during transportation
621
859 Form of action 860 Personal injury 861 Nervous shock 854 Delay in delivery
623
Delay in transportation by
627
Consequential damages
629
Delay in unlading a vessel
633
Agreement to furnish freight
635
CARRIERS OF PASSENGERS
637
Failure to carry a passenger
643
Delay in transporting a pas senger
644
Failure to carry to destination
645
Indignity of expulsion
647
Compensation for the risk of in jury
648
Consequences of exposure
649
American rule
650
Pullman Palace Car Co v
651
Brown v Chicago M S P Ry
652
General conclusions
653
Avoidable consequences
655
Baggage
656
CHAPTER XXIX
657
Reasonable regulations
661
Action by senderContract
662
Action by receiverTort or contract
663
Compensation only for natural and contemplated
664
Notice
668
Consequential loss conse
669
Commercial messagesLoss of intended purchase
670
Loss of intended sale
673
Error in transmitting amount of goods
675
In transmitting price Page 657
677
In transmitting conditions of purchase or sale
678
Loss of a debt
681
Speculative loss 889 Uncertain profits not recover able
682
Messages not understood Cipher messages
687
Authorities extending liability
691
Direct loss
692
What is the direct loss
693
Price of the messageNominal damages
694
Mental suffering
695
Avoidable consequences
696
Exemplary damages 897 Causa proxima
697

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688 페이지 - ... 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.
423 페이지 - 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...
462 페이지 - 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.
199 페이지 - ... 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...
643 페이지 - 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.
439 페이지 - 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.
642 페이지 - 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...
688 페이지 - ... 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.
328 페이지 - 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...
686 페이지 - 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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