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, Volume 2

Front Cover
Baker, Voorhis and Company, 1891 - Damages
0 Reviews
 

What people are saying - Write a review

We haven't found any reviews in the usual places.

Contents

Bodily and mental suffering 463 Expense of release
44
Consequential damages
45
Aggravation
46
Mitigation
47
Malicious attachment
48
Torts involving Loss of Service j 468 Injury to child or servant
50
Enticement of servant 470 Consequential damages
51
Seduction
52
Damages governed by legal rules
54
General rule 474 Exemplary damages
55
Aggravation 476 Mitigation
56
Action by the party seduced
57
Criminal conversation
58
Aggravation 480 Mitigation
59
Personal Injury j 481 General rule
60
Loss of time
61
Medical expenses 484 Mental and physical suffering
64
Loss of capacity to labor
65
Action by married woman or minor
67
MitigationProvocation
68
Bad character of the plaintiff 489 Criminal conviction
70
Circumstances of the parties 491 Avoidable consequences
71
CHAPTER XIV
72
General rule in cases of conver sion 494 Conversion by temporary wrong ful
74
Value how determined
75
Value where to be estimated
76
Value when to be estimated
77
Natural increase 499 Property increased in value by the defendant
78
Severance from the freehold
82
The rule in England
83
Technical rule followed in some jurisdictions
86
Defendant generally allowed value of his labor
88
Sale by wanton trespasser
93
Confusion
94
Consequential damages
96
RULE OF HIGHER INTERMEDIATE VALUE Page
99
Contract to hold for a rise in
133
Replevin
140
CHAPTER XVII
153
American rule
171
Insufficient bail or surety
178
Failure to return
179
False return
181
Miscellaneous breaches of duty
182
Magistrate
183
County clerk
184
Treasurer 562 Town officers
185
Collector of customs
186
Trespass by officer
189
Wrongful attachment
191
Suits between different officers 567 Receiptors
193
Property sold illegally 569 Exclusion from office
196
CHAPTER XVIII
197
General principles
201
Present loss
203
Prospective pecuniary loss
207
Services of a child
209
Services after majority
211
Care and services of a parent
213
Services of a wife or husband
214
Next of
215
Probable duration of life
217
Excessive verdicts
218
Reduction of damages
219
Exemplary damages
220
Contributory negligence
221
CHAPTER XIX
222
Liability to third parties
224
Consequential damages
225
Limit of recovery 591 Reduction of damages
226
Partial loss
227
Earnings of the vessel
228
Total loss 595 Value of the vessel
229
Damage to cargo
233
Costs and interest 598 Stipulations 599 Other torts in admiraltyDi
235
CHAPTER XX
239
Entire and divisible contracts
240
Distinction not destroyed by new system of pleading
242
Motive not considered
245
Commonlaw principles in cases of contract
247
Compensation now a question of
249
Preparations to perform
251
Reduction of damageRule
253
avoidable consequences
254
General principles of recovery
255
Amount of the consideration not recoverable
256
Inadequacy of consideration
258
Unconscionable agreements
259
General rule includes profits
260
Masterton v The Mayor
261
Contracts to expend labor on property 616 Kidd v McConnick
265
Distinction between damages and means of proving them
267
Damages upon prevention of performance or rescission by defendant
269
Entire contract price recoverable in some cases
272
Tender of performance
273
Waiver of full performance B Rale of Damages in Particular Gases 622 Agreements to loan money 623 To assign or keep valid an in surance policy
274
To work a farm on shares
275
For construction of buildings
277
For forbearance 627 Actions against stockholders
279
By assignees of bankrupts
280
Agreements for arbitration and award
281
To construct stations etc 631 To build fences walls
282
Not to engage in business
283
For exclusive agency
284
Assignments of judgment
285
Alternative contracts
286
Miscellaneous contracts
289
Breach of Promise of Marriage 637 Exceptional nature of the action
292
General rule
293
Aggravation
294
General conclusions
313
ing to the contract
323
Recovery by an infant
333
an amount that can be fixed
347
CHAPTER XXII
353
Statutory bonds and undertak
359
Arbitration bonds
365
Actions against sureties
372
CONTENTS OF VOL II
381
Accommodation paper
385
Damages in cases of fraud
391
Valued policy
397
Fire insurance a contract of indemnity
405
Measure of loss
407
Actual value of the property lost
408
Election of insurer to rebuild Alternative contract
410
Consequential loss
411
Damages affected by the title
413
Reduction of damages
414
Reinsurance
415
Life insurance not a contract of indemnity
417
Place where market value is to be taken
431
Nearest market
432
Price receivable on subcon tract
433
Avoidable loss
434
Consequential loss
435
Waiver
437
Payment in advance
439
The rule of higher intermediate value followed in some juris dictions
441
The rule disapproved in other jurisdictions
443
Distinction between stock and merchandise
445
No just distinction
448
Same reason for rule where property has fallen II Breach 750 Rule where title has passed
449
Instances
451
Rule where title has not passed by Vendee
454
Rescission
456
Resale after default
457
Promise to give a bill or note
459
Consequential damages
460
Warranties 760 Cases allowing difference be tween price and actual value
466
Between value as warranted and actual value
468
The latter the general rule
472
Warranty of quantity or value
475
Avoidable consequences
476
Consequential damages
477
Upon warranty of fitness for a purpose
479
Upon warranty of machines
481
Of seeds
483
By communication of disease
484
Upon a subcontract
485
Purchase for sale at a distance
487
Expenses
488
Litigation expenses
489
Warranty of title
491
Warranty of indorsements
493
That a certain sum is
494
Fraud in sale of chattels
495
English rule
499
Results of the doctrine of Smith Bolles
500
General conclusions
501
Justinians laws V Foreign
502
783 Civil law authorities
503
CHAPTER XXVI
510
Implied contract of indemnity
511
Express contract of indemnity
512
Interpretation of the contract
513
Contracts to pay or discharge a debt
517
The rule not to be approved on principle
519
Contracts to indemnify or save harmless
520
Early cases erroneous
523
Later cases follow the true rule
525
Actual loss always recoverable
526
Contracts to save from liability
527
796 Payment
530
Payment by note
533
Note must be accepted as pay
538
ment
539
Payment by bond or nonnego tiable note 800 Payment in land or goods
540
Compensation for actual loss only
543
Judgment against surety often conclusive on principal
545
Litigation expenses
547
Notice of suit
551
Consequential loss
557
Cosureties
559
Costs between cosureties
560
The Measure of Damages in Actions involving Agency Page
562
The law fixes the measure
565
Nominal damages
566
Actual loss the criterion
567
Burden of proof
568
Avoidable consequences
570
Proximate cause 817 Agents to insure
571
Liable only if insurer would have been
576
Agents to collect mercantile In struments
577
Agent makes the debt his
579
Agents to sellUnauthorized sale
580
Sale below price fixed by prin cipal
583
Sale on wrong terms
587
Neglect to sell 825 Agents to purchaseNeglect to purchase
588
Purchase of wrong goods 827 Purchase at excessive price
590
Agents to deal in stock 829 Agents to care for real estate
592
Agents to invest money in mort gage of land
593
Attorneys
594
Auctioneers 833 Liability of subagents to agents
595
Agent against Principal 834 Indemnity for loss or expense III Third Party against Pretended Agent
596
Liability for acting without authority
599
Loss of bargain
601
Expense of litigation
602
Incidental expenses
603
Unauthorized suits
604
CHAPTER XXVIII
605
Compensation of carrier 842 Refusal to transport
606
Consequential damages
611
Nondelivery
612
Value where to be estimated
615
Connecting lines
617
Value when to be estimated
618
Misdelivery
622
Delay in delivery
623
Delay in transportation by
627
Consequential damages
629
Delay in unlading a vessel
633
Agreement to furnish freight
635
of Passengers
637
640 After suit broughtJustifica
640
Mitigation
641
Consequences of exposure
649
American rule
650
Pullman Palace Car Co e Barker 870 Brown v Chicago M S P Ry
651
General conclusions
653
Avoidahle consequences 873 Baggage
656
CHAPTER XXIX
657
Reasonable regulations
660
Action by senderContract
662
Action by receiverTort or contract
663
Compensation only for natural and contemplated conse quences
664
Notice
668
Consequential loss
669
Commercial messagesLoss of intended purchase
670
Lass of intended sale
673
Error in transmitting amount of goods
675
In transmitting price
677
In transmitting conditions of purchase or sale
678
Loss of a debt
681
Speculative loss 889 Uncertain profits not recover able
682
Messages not understood Cipher messages
686
Authorities extending liability Direct loss
689
What is the direct loss
693
Price of the messageNominal damages
694
Mental suffering
695
Avoidable consequences
696
Exemplary damages 897 Causa proxima
697

Other editions - View all

Common terms and phrases

Popular passages

Page 688 - ... 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 423 - When contracts for the sale of chattels are broken by the vendor failing to deliver the property according to the terms of the bargain, it seems to be well settled, as a general rule, both in England and the United States, that the measure of damages is the difference between the contract price and the market value of the article at the time when...
Page 462 - The promisee, if he pleases, may treat the notice of intention as inoperative, and await the time when the contract is to be executed, and then hold the other party responsible for all the consequences of non-performance ; but in that case he keeps the contract alive for the benefit of the other party as well as his own.
Page 199 - ... whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued...
Page 643 - Damages arising from mere sudden terror unaccompanied by any actual physical injury, but occasioning a nervous or mental shock, cannot, under such circumstances, their lordships think, be considered a consequence which, in the ordinary course of things, would flow from the negligence of the gatekeeper.
Page 439 - Where a man contracts to deliver any article besides money, and fails to do it, the rule of damages is the value of the article at the time and place of delivery, and the interest for the delay.
Page 642 - The proposition is that, although if an act of negligence produces such an effect upon particular structures of the body as at the moment to afford palpable evidence of physical injury, the relation of proximate cause and effect exists between such negligence and the injury, yet such relation cannot in law exist in the case of a similar act producing upon the same structures an effect which, at a subsequent time — say a week, a fortnight, or a month • — must result without any intervening cause...
Page 688 - ... may fairly and reasonably be considered either as 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 328 - It is said that in those cases where the plaintiff has been permitted to recover there was an acceptance of what had been done. The answer is, that where the contract is to labor from day to day, for a certain period, the party for whom the labor is done in truth stipulates to receive it from day to day, as it is performed, and although the other may not eventually do all he has contracted to do, there has been, necessarily, an acceptance of what has been done in pursuance of the contract, and the...
Page 686 - Of course, where the negligence of the telegraph company consists not in •delaying the transmission of the message, but in transmitting a message erroneously, so as to mislead the party to whom it is addressed, and on the faith of which he acts in the purchase or sale of property, the actual loss based upon changes In market value is clearly within the rule for estimating damages.

Bibliographic information