A Treatise on the Measure of Damages: Or, An Inquiry Into the Principles which Govern the Amount of Compensation Recovered in Suits at Law ...J. S. Voorhies, 1852 - 650 pages |
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Page x
... . In actions of Case or Trespass , against Public Officers , the Rule of Damages is usually a question of law - The general Rule is the injury actually sustained by the plaintiff On whom does the proof of damage X CONTENTS .
... . In actions of Case or Trespass , against Public Officers , the Rule of Damages is usually a question of law - The general Rule is the injury actually sustained by the plaintiff On whom does the proof of damage X CONTENTS .
Page 5
... The first question is one of law , which depends on whether the party charged is liable or not . This being determined , the second question remains ; namely , to discriminate , with regard to the damages sustained , INTRODUCTION . 5.
... The first question is one of law , which depends on whether the party charged is liable or not . This being determined , the second question remains ; namely , to discriminate , with regard to the damages sustained , INTRODUCTION . 5.
Page 10
... sustained . * With the Common Law the case is very different . The end at which it arrives is , in almost all instances , one and the same ; in the actions founded upon contract , account , assumpsit , covenant , debt , the only object ...
... sustained . * With the Common Law the case is very different . The end at which it arrives is , in almost all instances , one and the same ; in the actions founded upon contract , account , assumpsit , covenant , debt , the only object ...
Page 24
... sustained and the profit which might have been made - in quantum mea interfuit , id est quantum mihi abest , quantumque lucrari potui . A more distinct subdivision of the subject is into damnum emergens , or loss arising , and lucrum ...
... sustained and the profit which might have been made - in quantum mea interfuit , id est quantum mihi abest , quantumque lucrari potui . A more distinct subdivision of the subject is into damnum emergens , or loss arising , and lucrum ...
Page 28
... sustained applicable to all cases , or by leaving the whole matter largely to the discretion of the tribunal which has cognizance of the subject . Our law differs very materially from all these systems . By it , in all cases of civil ...
... sustained applicable to all cases , or by leaving the whole matter largely to the discretion of the tribunal which has cognizance of the subject . Our law differs very materially from all these systems . By it , in all cases of civil ...
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Common terms and phrases
action of trespass agreement allowed assessed assumpsit Barb bill Bing bond breach brought chattels claim common law compensation Conn consequence consideration considered contract costs covenant Cowen debt debtor declaration defendant defendant's delivered Denio detinue doctrine entitled to recover eviction evidence fixed form of action fraud give given held Hill injury interest judge judgment jury justice land liable liquidated damages Lord Lord Ellenborough Lord Mansfield loss Mass Massachusetts measure of damages Mees ment mesne profits mitigation of damages negligence nisi prius nominal damages owner paid party payment penalty performance person Pick plaintiff principle proved purchase question recovery refused regard replevin rule of damages says seisin sheriff Smede sold statute suit Supra Supreme Court surety sustained tiff tion tort trespass trial trover vendee vendor verdict Verm vindictive damages warranty Wels Wend writ York
Popular passages
Page 374 - ... 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 67 - ... 1. When the debtor has been guilty of no fraud or bad faith, he is liable only for such damages as were contemplated, or may reasonably be supposed to have entered into the contemplation of the parties at the time of the contract.
Page 23 - For all manner of trespass, whether it be for ox, for ass, for sheep, for raiment, or for any manner of lost thing, which another challengeth to be his, the cause of both parties shall come before the judges; and whom the judges shall condemn, he shall pay double unto his neighbour.
Page 279 - Court erred in charging that the measure of damages was the difference between the contract price and the market price at...
Page 81 - But the question remains, can the plaintiff then, consistently with the authorities, maintain his action, having been at least equally in fault. The answer is that, supposing that fact ascertained by the jury, but to this extent, that he merely indulged the natural instinct of a child in amusing himself with the empty cart and deserted horse, then we think that the defendant cannot be permitted to avail himself of that fact. The most blamable carelessness of his servant having tempted the child,...
Page 566 - If any party shall be entitled to any compensation in respect of any lands, or of any interest therein, which shall have been taken for or injuriously affected by the execution of the works...
Page 91 - We therefore think that as there is fraud, and damage the result of that fraud, not from an act remote and consequential, but one contemplated by the defendant at the time as one of its results, the party guilty of the fraud is responsible to the party injured.
Page 415 - There is one case in which the sum agreed for must always be considered as a penalty, and that is, where the payment of a smaller sum is secured by a larger.
Page 47 - 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 261 - A for not accepting the wheat, that the proper measure of damages was the difference' between the contract price and the market price on the day when the wheat...