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, 1권Callaghan, 1893 |
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75개의 결과 중 1 - 5개
iv 페이지
... evidence and procedure suitable and necessary for their re- covery . The Second Part contains a particular discussion of these principles in their practical application to the subjects of con- tract and tort , which give rise to actual ...
... evidence and procedure suitable and necessary for their re- covery . The Second Part contains a particular discussion of these principles in their practical application to the subjects of con- tract and tort , which give rise to actual ...
xi 페이지
... Evidence of payment 233 • - SECTION 2.- APPLICATION OF PAYMENTS . General rule 234 By debtor 235 , 236 Evidence 237 By creditor . 238-240 Appropriation by the court 241 When payments applied pro rata 242 General payment applied to ...
... Evidence of payment 233 • - SECTION 2.- APPLICATION OF PAYMENTS . General rule 234 By debtor 235 , 236 Evidence 237 By creditor . 238-240 Appropriation by the court 241 When payments applied pro rata 242 General payment applied to ...
xii 페이지
... evidence and effect of intention to liquidate 284 Stipulated sum where damages otherwise certain or uncertain 285 Contracts for the payment of money 286 , 287 Large sum to secure payment of a smaller 288 . Stipulation where damages ...
... evidence and effect of intention to liquidate 284 Stipulated sum where damages otherwise certain or uncertain 285 Contracts for the payment of money 286 , 287 Large sum to secure payment of a smaller 288 . Stipulation where damages ...
xv 페이지
... EVIDENCE . Burden of proof Same as to plaintiff Plaintiff must prove pecuniary items ; opinions Must be adapted to damages claimed . Intendments against defendant for holding back evidence Opinions upon subjects of common experience and ...
... EVIDENCE . Burden of proof Same as to plaintiff Plaintiff must prove pecuniary items ; opinions Must be adapted to damages claimed . Intendments against defendant for holding back evidence Opinions upon subjects of common experience and ...
47 페이지
... evidence showed that she received a severe nervous shock from the fright , and that the illness from which she after- wards suffered ( and which is stated in Mr Beven's book on Negligence to have included a miscarriage ) was the conse ...
... evidence showed that she received a severe nervous shock from the fright , and that the illness from which she after- wards suffered ( and which is stated in Mr Beven's book on Negligence to have included a miscarriage ) was the conse ...
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자주 나오는 단어 및 구문
accord and satisfaction actual Adm'r agreed agreement Allen allowed amount applied assumpsit Bank Barb bill bond Branch Bank breach of contract Brown cause of action cent claim Clark common law compensation Conn consequence court covenant creditor cross-claim Cush Davis debt debtor default defendant defendant's demand Denio discharge duty effect entitled equity Exch fact fendant fixed held injury intention Iowa Johns Jones judgment jury legal rate legal tender liable liquidated damages loss Mass maturity ment Miller Minn mitigation of damages mortgage negligence Ohio St owner paid parties pay interest payable payment penalty performance Pick plaintiff pleaded principal rate of interest reason received recoupment recover recovery result rule Smith statute stipulated sued suit sustained tender terest tion tort tract usury vendor Wend wrong York
인기 인용구
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.