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, 1권

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NOMINAL DAMAGES
18
Liability of carriers for consequential damages extraordinary cir
23
COMPENSATORY DAMAGES
25
Right to compensation not affected by motive
26
Rule of consequential damages for torts
31
Illustrations of the doctrine of the preceding section
42
Anticipation of injury as to persons illustrations
50
Negligence of third person
57
Breach of statutory duties
67
Recoverable only when contemplated by the parties
92
Liability not affected by collateral ventures
98
Further illustrations and discussion of tho rule
105
REQUIRED CERTAINTY OF DAMAGES
119
Required certainty of anticipated profits
132
Warranty of seeds
138
Violation of lease
149
Bumpass v Webb 414
150
Tortious interference with business
156
THE CONSTITUENTS OF COMPENSATION OR ELEMENTS
162
Maginess 402
168
Same subject damages for relying on performance
173
Necessity of notice to indemnitor
179
Saine subject between vendor and vendee
187
May damages for breach of contract include other than pecuniary
193
Eements of damage for personal torts
200
Koop 248
205
ENTIRETY OF CAUSES OF ACTION AND DAMAGES
222
Barron
225
Items of account
230
150
234
Damage to real property
237
Contracts of indemnity
246
Future damages for personal injuries
253
Not joint when contract apportions legal interest
260
General and special owners
266
LEGAL LIQUIDATIONS AND REDUCTIONS
279
Hoyt 457
295
Greathead 163
320
Hopkinson 81
326
Frazer 215 226
344
Abbott 135
356
Tibbitts 458
365
Chrisman 192
378
196
383
Interest of the real parties considered
389
Koch 417
392
CHAPTER VI PECUNIARY REPRESENTATIVE OF VALUE
396
Effect of luctuations in currency
408
PAR AND RATE OF EXCHANGE
414
Who may execute
420
What is modes of making
421
What is not payment
430
Payment in counterfeit money bills of broken banks or forged notes
436
Payment by note bill or check
446
In what money
532
How made
541
Effect of accepting
552
Effect of tender when money paid into court
559
Damages can be liquidated ordy by a valid contract
565
Firman 309 318
574
Liquidated damages contradistinguished from penalty
580
Large sum to secure payment of a smaller
590
Construction
594
Illustrations
606
Stipulation for payment of a fixed sum for partial or total breach 294 295
614
Effect of part performance accepted where damages liquidated
624
AGREEMENTS FOR MORE THAN LEGAL RATE BEFORE
629
INTEREST UPON INTEREST
630
Anderson 309 370
649
Agreements for interest from date until debt paid
655
TURITY
663
Computation under usury statutes
671
AGREEMENTS FOR MORE THAN LEGAL RATE AFTER
677
Right not absoluto
682
Quantum meruit claim to interest
688
Quantum meruit claim to interest between vendor and purchaser 828
694
No interest on penalties nor statutory liability for riots
701
Not allowed on revival of judgment by scire facias
710
Right to interest as affected by the marital relation
716
Interest on advancements
722
Interest on accounts
728
When allowed on money had and received
735
Compound interest
739
On money obtained by extortion or fraud
744
9597
748
General rule as to contracts
750
Bonds to the United States
756
Where usury is involved
762
The law of what place governs the rate of damages
778
Liability as affected by extraordinary circumstances
791
Instances of interest on interest
795
Periodical interest after maturity of debt
801
Miscellaneous cases
808
Tender stops interest
814
PLEADING
823
On judgments pending review
830
1719
886
PLEADING AND PROCEDURE
889
435
916
Instances of rejection and admission of opinions
922
Proof of value
928
By elements of value
934
Rendering and amending verdicts
942
Verdicts niust be certain
959
Double and treble damages
965
2931
969
Third parties not liable
971
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102 페이지 - 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...
528 페이지 - Pleas, calling upon the plaintiff to show cause why the verdict should not be set aside...
78 페이지 - 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?
226 페이지 - 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...
102 페이지 - 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.
102 페이지 - 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.
78 페이지 - 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.
102 페이지 - 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.
77 페이지 - 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.
145 페이지 - 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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