도서 정보
내 라이브러리
Google Play 도서
TABLE OF CONTENTS.
PART I-AN ELEMENTARY EXPOSITION OF THE
LAW OF DAMAGES.
CHAPTER L-A GENERAL STATEMENT OF THE RIGHT TO DAM-
AGES, THEIR LEGAL QUALITY AND KINDS.
SECTION 1.-COMPENSATORY DAMAGES.
Award of compensation the object of the law
Limitation of liability to natural and proximate consequences
SECTION 3.-CONSEQUENTIAL DAMAGES FOR TORTS.
Awarded for probable consequences of tort
Rule of consequential damages for torts
Illustrations of the doctrine of the preceding section
Consequential damages under fence statutes
Consequential mental suffering and its effects
Anticipation of injury as to persons; illustrations
Consequential damages in highway cases
Negligence of third person
Particular injury need not be foreseen
The act complained of must be the efficient cause
Breach of statutory duties
Injury through third person
Liability as affected by extraordinary circumstances
15
16
17-19
20
21-24
25
26
27
28
29-31
32
33
34
35
Liability under special circumstances.
Further illustrations and discussion of the rule
Market value; resale; special circumstances
SECTION 4.-CONSEQUENTIAL DAMAGES FOR BREACH OF CONTRACT.
Recoverable only when contemplated by the parties
Illustrations of liability under the rule
Liability not affected by collateral ventures
Distinction between consequential liability in tort and on contract
Criticism of the Hobbs case
50
51
52
SECTION 5.- REQUIRED CERTAINTY OF DAMAGES.
Damages must be certain in their nature and cause
53
Liability for the principal loss extends to details and incidents
54
Only the items which are certain are recoverable
Recovery on successive consequences.
55
56-58
Required certainty of anticipated profits
59-60
Warranty of seeds
61
Prospective growth of orchard
Profits of special contracts
Masterton v. Mayor
Violation of lease
Profits of labor
Profits from commercial ventures
Profits on dissolution of partnership
62
63
64
65
Commercial agencies
Tortious interference with business
Uncertain mitigation of breach of marriage promise
Failure to provide sinking fund .
SECTION 6.- THE CONSTITUENTS OF COMPENSATION, OR ELEMENTS OF
73
74
Same subject; liabilities to third persons; covenants of indemnity
May damages for breach of contract include other than pecuniary
elements?
E'ements of damage for personal torts
Character as affecting damages for personal injuries
Mental suffering.
75
76
77
78
79
80
81
82
83
84
85
86, 87
88
89
90
91
92
93
94
95-97
How motive affects consequences of confusion of goods
Where property sued for improved by wrong-doer
Distinctions in the matter of proof
Value of property
98
99
100
101
102, 103
104
105
CHAPTER IV.- ENTIRETY OF CAUSES OF ACTION AND DAMAGES.
Contracts to do several things successively or one thing continuously 110
Contracts of indemnity
117
Damage to property and injury to person by same act
118
What is not double remedy
119
Continuous breach of contract or infraction of rights not an entirety 125-
Continuance of wrong not presumed
Must be recovered by person in whom legal interest vested
Not joint when contract apportions legal interest
128
129
130
131.
132
133
134
135
136.
137.
138
139
140-142
Implied assumpsit follows the consideration
Effect of release by or death of one of several entitled to entire dam- ages
Misjoinder of plaintiffs, when a fatal objection
How joint liability extinguished or severed
Joinder of defendants: effect of non-joinder and misjoinder
Principles on which joint right or liability for tort determined
Tortious act not an entirety as to parties injured
References are to sections.
SECTION 3.- MITIGATION OF DAMAGES.
Equitable doctrine of
Absence of malice
Words as provocation for assault; agreements to fight
Provocation in libel and slander.
Plaintiff's negligence .
Mitigating circumstances in trespass and other actions
Measures of prevention; return of property; discharge of plaintiff's
debt
No mitigation when benefit not derived from defendant
Fuller proof of the res gesta in trespass, negligence, etc.
Official neglect
Modification of the old rule
154
155
156, 157
158
159
160
161
162
163
164
165, 166
167
Cross-claim must rest on contract or subject-matter of action
Recoupment for fraud, breach of warranty, negligence, etc.
What acts may be the basis of recoupment.
Cause of action, connection between and cross-claim
Cross-claims between landlord and tenant
Recoupment between vendor and purchaser
Liquidated and unliquidated damages may be recouped
Affirmative relief not obtainable
Election of defendant to file cross-claim or sue upon his demand
Burden of proof; measure of damages
A cross-claim used in defense cannot be sued upon
Notice of cross-claim
SECTION 5.-MARSHALING AND DISTRIBUTION.
Definition
Sales of incumbered property in parcels to different purchasers
Sale subject to incumbrance
192
193
Effect of creditor releasing part
194
Rights where one creditor may resort to two funds and another to
CHAPTER VL-PECUNIARY REPRESENTATIVE OF VALUE.
SECTION 1.- MONEY.
205
206
207
208
209
210
211
Characteristics of money
Payment to be made in money of country of performance.
Payment in currency
Effect of changes in the value of money
Value of money at time of contracting
The legal tender act
Effect of fluctuations in currency
Payment by retainer
222
Payment in counterfeit money, bills of broken banks or forged notes
223, 224
Payment by note, bill or check
225-227
Collaterals collected or lost by negligence of creditor are payments, 228, 229
General payment applied to a debt bearing interest, and first to interest 244
General payment applied to the debt least secured
Payment of part of a debt will not support an agreement to discharge
the whole
Any other act or promise which is a new consideration will suffice
Composition with creditors.
Compromise
Agreement must be executed
SECTION 4.- RELEASE.