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, 1±ÇCallaghan, 1893 |
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... 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 ...
... 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 ...
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... negligence of creditor are payments , 228 , 229 Who may make payments . 230 To whom payment may be made 231 • Pleading payment 232 • Evidence of payment 233 • - SECTION 2.- APPLICATION OF PAYMENTS . General rule 234 By debtor 235 , 236 ...
... negligence of creditor are payments , 228 , 229 Who may make payments . 230 To whom payment may be made 231 • Pleading payment 232 • Evidence of payment 233 • - SECTION 2.- APPLICATION OF PAYMENTS . General rule 234 By debtor 235 , 236 ...
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... negligence . Thus one opening a coal mine in the ordinary and usual manner may , upon his pursuant to valid statutes will not render those who perform them lia- ble for damages resulting . Highway Com'rs v . Ely , 54 Mich . 173 . 1 ...
... negligence . Thus one opening a coal mine in the ordinary and usual manner may , upon his pursuant to valid statutes will not render those who perform them lia- ble for damages resulting . Highway Com'rs v . Ely , 54 Mich . 173 . 1 ...
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... negligence of the de- fendant , no element of wilfulness existing , the violation of the statute concerning the observance of that day is regarded as contributory negligence , though the plaintiff is otherwise free from fault . As ...
... negligence of the de- fendant , no element of wilfulness existing , the violation of the statute concerning the observance of that day is regarded as contributory negligence , though the plaintiff is otherwise free from fault . As ...
10 ÆäÀÌÁö
... negligence on the part of the plaintiff which will preclude a recovery for the injury complained of as contributing ... negligence , or that of its servants ; and this because such release is unreasonable and contrary to public policy ...
... negligence on the part of the plaintiff which will preclude a recovery for the injury complained of as contributing ... negligence , or that of its servants ; and this because such release is unreasonable and contrary to public policy ...
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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
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102 ÆäÀÌÁö - 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 ÆäÀÌÁö - Pleas, calling upon the plaintiff to show cause why the verdict should not be set aside...
78 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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.