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 |
Contents
| 1 | |
| 9 | |
| 14 | |
| 15 | |
| 24 | |
| 86 | |
| 99 | |
Interposition of the act of an 128 Loss caused by a crowd | 124 |
In some States exemplary dam 369 Circumstances preventing | 358 |
Not recoverable in equity | 371 |
Of a corporation for acts | 379 |
Reason of the rule | 385 |
Court and jury 2652 | 386 |
757 | 403 |
408a Breach of contract necessary | 409 |
Deposit and advance pay 420b The canons of interpretation | 414 |
CHAPTER V | 137 |
CHAPTER VI | 164 |
PROFITS 317 | 170 |
In actions upon patents or ture | 176 |
CHAPTER VII | 192 |
201 Plaintiff cannot recover for 211 Failure to furnish freight | 201 |
Special value for a particular 258 Other securities for the pay | 252 |
CHAPTER VIII | 259 |
Difference between English terest formerly matter | 292 |
Action against carrier of pas 163 Notice of a subcontract | 296 |
299 Liquidated and unliquidated 306 Money received or retained | 299 |
Gain expected from the use of 194 Collateral profits | 317 |
Interest after payment of the 340a Death or insolvency | 339 |
EXEMPLARY DAMAGES 686 | 347 |
Excessive or inadequate damages 2667 | 421 |
Chapter Page | 435 |
Burden of proof | 448 |
REPLACEMENT | 450 |
CHAPTER XII | 463 |
Plaintiff subjected to suit | 485 |
Index 3087 | 488 |
CHAPTER XIV | 529 |
Exchange beneficial alternative | 549 |
demands mutual mistake | 551 |
Actions upon bonds 1378 | 567 |
Actions upon negotiable instruments 1465 | 615 |
Common terms and phrases
actual damage Alabama allowed to recover amount Barb breach of contract brought carrier cause of action chattels Chicago coal Conn Connecticut conse contemplation court delay deliver England entitled fact failure fendant furnish Georgia held Illinois Indiana Iowa Jersey Jones jury Kansas Kentucky liable loss Mass Massachusetts measure of damages mental suffering Michigan Minn Minnesota Missouri mortgage N. Y. Supp natural consequence negligence nominal damages North Carolina notice nuisance Ohio owner Pennsylvania plaintiff plaintiff could recover plaintiff may recover plaintiff's land possession premises principle profits proximate cause proximate consequence question railroad reason recover compensation recover damages recovery remote replevin rule Smith sold suit tenant Texas tiff tion tort trespass Vermont Western U. T. Wisconsin wrongful act York
Popular passages
Page 559 - ... certain time or otherwise, the jury, on the trial of any issue, or on any inquisition of damages, may, if they shall think fit, allow interest to the creditor at a rate not exceeding the current rate of interest from the time when such debts or sums certain were payable, if such debts or sums be payable by virtue of some written instrument at a certain time...
Page 264 - ... 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 those special circumstances so known and communicated.
Page 29 - We think that the true rule of law is that the person who, for his own purposes, brings on his land and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril ; and if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.
Page 263 - 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, 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.
Page 265 - ... may fairly be supposed to have entered into the contemplation of the parties when they made the contract, that is, must be such as might naturally be expected to follow its violation...
Page 559 - Upon all debts or sums certain, payable at a certain time or otherwise, the jury on the trial of any issue or on any inquisition of damages, may, if they shall think fit (z), allow interest to the creditor at a rate not exceeding the current rate of interest...
Page 167 - So if a man gives another a cuff on the ear, though it cost him nothing, no not so much as a little diachylon, yet he shall have his action, for it is a personal injury. So a man shall have an action against another for riding over his ground, though it do him no damage; for it is an invasion of his property, and the other has no right to come there.
Page 264 - 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. For, had the special circumstances been known, the parties might have specially provided for the breach of contract by special terms as to the damages in that...
Page 37 - Where one suffers in common with all the publie, although from his proximity to the obstructed way, or otherwise, from his more frequent occasion to use it he may suffer in a greater degree than others, still he cannot have an action, because it would cause such a multiplicity of suits as to be itself an intolerable evil.