The Law Magazine, Or, Quarterly Review of Jurisprudence

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Saunders and Benning, 1855 - Law
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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 255 - The rule of the common law is, that where a party sustains a loss by reason of a breach of contract, he is, so far as money can do it, to be placed in the same situation, with respect to damages, as if the contract had been performed.
Page 263 - ... 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.
Page 77 - That an humble address be presented to his Majesty, praying that he will be graciously pleased to issue a commission for inquiring into the defects occasioned by time or otherwise, in the laws of this realm, and into the measures necessary for removing the same.
Page 199 - Viet c. 1 04, s. 1 9 1 , it is provided " that every master of a ship shall, so far as the case permits, have the same rights, liens, and remedies, for the recovery of his wages which by this act, or by any law or custom, any seaman, not being a master, has for the recovery of his wages...
Page 287 - There was a moment's pause, and then the following answer was slowly and articulately pronounced : — " This gentleman (laying his hand on his breast) tells that gentleman (pointing with the other to the Sheriff)' that if that gentleman presumes to touch this gentleman, this gentleman will defend himself against that gentleman, or any other gentleman, while he has got the arm of a gentleman to protect him/' This extraordinary sentence was followed by a loud burst of applanse from all parts of the...
Page 370 - Whether at common law an author of any book or literary composition had the sole right of first printing, and publishing the same for sale; and might bring an action against any person who printed, published, and sold the same without his consent.
Page 157 - Lord Mansfield was speaking of a policy against marine risks, which is in its terms a contract for indemnity only. But that is not of the nature of what is termed an assurance for life; it really is what it is on the face of it, — a contract to pay a certain sum in the event of death. It is valid at common law; and, if it is made by a person having an interest in the duration of the life, it is not prohibited by the statute 14 G.
Page 204 - Money found to be due from the defendant to the plaintiff on accounts stated between them.
Page 203 - That the plaintiff and defendant agreed to marry one another, and a reasonable time for such marriage has elapsed, and the plaintiff has always been ready and willing to marry the defendant, yet the defendant has neglected and refused to marry the plaintiff.

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