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actual damage agent agreed antecedent right awarded bailment breach of contract carrier cause of action chattels common carrier compensation consequential damages contemplation contract price cost court covenant damages are allowed damages are recoverable damages for breach defendant delivered difference direct damages earning elements of injury entitled to recover exemplary damages fraud ILLUSTRATIONS injured party injuries sustained injury caused jury land legal injury legal interest legal right legal wrong liable liquidated damages loss of profits malicious prosecution market value Mass measure of damages mental suffering mitigation of damages natural and probable negligence nominal damages nuisance owner P's damages paid pecuniary injuries performance personal injuries plaintiff probable result recover damages refuses remedial right rental value replevin rules of damages sell slander sound discretion special damage specially pleaded stipulated substantial damages sues suit tion tort tract trespass violation warranty Western Union wrongdoer wrongful act
Page 68 - In all cases where there is no rule of law regulating the assessment of damages, and the amount does not depend on computation, the judgment of the jury and not the opinion of the court is to govern, unless the damages are so excessive as to warrant the belief that the jury must have been influenced by partiality or prejudice, or have been misled by some mistaken view of the merits of the case.
Page 40 - The damages must be such as 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; and they must be certain, both In their nature and in respect to the cause from which they proceed.
Page 64 - The reason why an independent action for such damages cannot and ought not to be sustained is found in the remoteness of such damages, and in the metaphysical character of such an injury considered apart from physical pain. Such injuries are generally more sentimental than substantial.
Page 103 - Thirdly, was the event which prevented the performance of the contract of such a character that it cannot reasonably be said to have been in the contemplation of the parties at the date of the contract? If all these questions are answered in the affirmative (as I think they should be in this case), I think both parties are discharged from further performance of the contract.
Page 144 - ... 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 88 - ... than the specified amount of money, or the value of the property or services at the time they should have been paid or rendered, with interest from the time of the default until the obligation is discharged.
Page 24 - ... as a general rule, when a party is called upon to defend a suit founded upon a wrong for which he is held responsible in law without misfeasance on his part, but because of the wrongful act of another against whom he...
Page 38 - ... as may fairly and reasonably be supposed to have been in the contemplation of the parties at the time of making the contract, as the probable result of a breach of it.
Page 64 - The suffering of one under precisely the same circumstances would be no test of the suffering of another. Vague and shadowy, there is no possible standard by which such an injury can be justly compensated, or even approximately measured. Easily simulated and impossible to disprove, it falls within all of the objections to speculative damages, which are universally excluded because of their uncertain character.