CUSTODY: of ancient documents, what is proper CUSTOM: PAGE .. 139 of manor when evidence of custom of another manor.. 291 of trade, how proved not admissible to contradict writing admissible to explain writing admissible to explain words admissible to explain lex loci DAMAGES: measure of in contracts rule where contract has been broken on non-payment of a bill when claim is liquidated.. where claim is unliquidated where goods are not delivered in due time 309-353 .. 310 .. 310 .. 311 .. 312 312, 318 312 on sales of stock on warranties .. where purchaser refuses to accept in cases of sub-contract.. in sales of land.. where goods are of inferior quality against unauthorized agent when banker refuses to pay a cheque no pretium affectionis allowed in to servant against master to co-contractor for contribution when vindictive damages may be given the rule in Hadley v. Baxendale applies to torts in malicious prosecution in false imprisonment in action of negligence in replevin in railway accidents in defamation declaration of, when received as part of res gestæ pauper declaration of, as to birth, inadmissible DECLARATION (DYING). See Dying Declaration. See Interest. DECLARATION AGAINST INTEREST. when admissible in India in lifetime of declarant against proprietary interest distinction between, and declarations on business character of declarant must be proved of person in possession of property DECLARATION IN COURSE OF DUTY. See Duty. 76 596 503 118 DEED. See also Document, Extrinsic Evidence. recital in, when estoppel.. estoppel by mistakes in, when rectified how avoided must be relieved by deed performance of, may be proved by parol error in date, how proved DEFAMATION. See Libel, Slander, Damages. DEFECTIVE EVIDENCE: in Chancery DEFENDANT: in civil suits, admissible witness in criminal proceeding, not admissible witness DEMURRER TO EVIDENCE: or kept out of the way.. . 392 392 must be signed by magistrate should be signed, if practicable, by prisoner of prisoner's witnesses before coroners DUTY (PROFESSIONAL), DECLARATIONS IN COURSE OF: when admissible no distinction between written and verbal DYING DECLARATION: 108 433 476 78 written, principles of extrinsic, inadmissible to contradict writing.. extrinsic, admissible to explain writing EXAMINER IN CHANCERY: .. 354 inadmissible to contradict entries in course of business 179 not admissible to prove waiver of contract within Statute 513 513, 515 when admissible in equity to rectify mistakes in deeds. 515 of revocation of deed when admissible to affect consideration .. 517 518, 527 .. 522 |