A Treatise on the Law of Damages |
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Page iii
... SET - OFF . BY JOHN D. MAYNE , OF THE INNER TEMPLE , ESQ . , BARRISTER - AT - LAW . THE SECOND EDITION BY LUMLEY SMITH , OF THE INNER TEMPLE , ESQ . , BARRISTER - AT - LAW , FELLOW OF TRINITY HALL , CAMBRIDGE . # LONDON : STEVENS AND ...
... SET - OFF . BY JOHN D. MAYNE , OF THE INNER TEMPLE , ESQ . , BARRISTER - AT - LAW . THE SECOND EDITION BY LUMLEY SMITH , OF THE INNER TEMPLE , ESQ . , BARRISTER - AT - LAW , FELLOW OF TRINITY HALL , CAMBRIDGE . # LONDON : STEVENS AND ...
Page vi
... Set-off John Dawson Mayne Sir Lumley Smith. - PREFACE TO THE FIRST EDITION . It can hardly be.
... Set-off John Dawson Mayne Sir Lumley Smith. - PREFACE TO THE FIRST EDITION . It can hardly be.
Page ix
... Set - off . Equitable Set - off . Costs of Actions 43 1. Damages limited by amount laid in the declaration . . 96 2. Liquidated Damages and Penalty • 65 75 87 98 1. At Common Law 2. As Damages . 105 3. By Statute . 111 108 I. Contracts ...
... Set - off . Equitable Set - off . Costs of Actions 43 1. Damages limited by amount laid in the declaration . . 96 2. Liquidated Damages and Penalty • 65 75 87 98 1. At Common Law 2. As Damages . 105 3. By Statute . 111 108 I. Contracts ...
Page 4
... Set - off . It was laid down in the preceding chapter that damages are recoverable in all personal actions ; and not only may they be recovered , but they must necessarily be so in every case where the plaintiff is entitled to a verdict ...
... Set - off . It was laid down in the preceding chapter that damages are recoverable in all personal actions ; and not only may they be recovered , but they must necessarily be so in every case where the plaintiff is entitled to a verdict ...
Page 21
... set - off ( s ) . But here the evidence went , not to increase the damages , but to show that the counter claim was not a case of mutual credit within the statute ( † ) . In America , however , the contrary doctrine has been laid down ...
... set - off ( s ) . But here the evidence went , not to increase the damages , but to show that the counter claim was not a case of mutual credit within the statute ( † ) . In America , however , the contrary doctrine has been laid down ...
Contents
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380 | |
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264 | |
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423 | |
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487 | |
503 | |
Other editions - View all
Common terms and phrases
agreement allowed amount of damages arising assessed assignee bankrupt Baxendale bill Bingh bond breach of contract cargo carrier cause of action charter-party chattel claim common law consequence costs Court covenant debt deduction default defendant defendant's delivered detinue difference entitled to recover evidence Exch executor expenses freight given ground held incurred indemnify indemnity injury interest judgment jury L. J. Ch L. J. Ex laid land landlord latter lease lessee lessor liable liquidated damages Lord Lord Ellenborough loss measure of damages ment mitigation of damages mutual credit nominal damages notice owner paid party payable payment penalty person plaintiff plea pleaded premises principle profits purchaser reason received recoverable refused rent replevin rule set-off sheriff ship Smith sold special damage statute sued surety Taunt tenant trespass trial trover ubi sup vendee vendor verdict Vict warranty writ
Popular passages
Page 219 - Act provides that no owner or master of any ship shall be answerable to any person whatever for any loss or damage occasioned by the fault or incapacity of any qualified pilot acting in charge of such ship within any district where the employment of a pilot is compulsory by law.
Page 103 - It is now established as a general principle, that interest is allowed by law only upon mercantile securities, or in those cases where there has been an express promise to pay interest, or where such promise is to be implied from the usage of trade or other circumstances.
Page 459 - In all Cases in which the Court of Chancery has Jurisdiction to entertain an Application for an Injunction against a Breach of any Covenant, Contract, or Agreement...
Page 9 - ... 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 178 - ... in an action on the case, for the use and occupation of what was so held or enjoyed ; and if in evidence on the trial of such action any parol demise or any agreement (not being by deed) whereon a certain rent was reserved shall appear, the plaintiff in such action shall not therefore be nonsuited, but may make use thereof as an evidence of the Quantum of the damages to be recovered.
Page 503 - Edition, in 8vo., 1874, price i&s., cloth, A TREATISE UPON THE LAW OF EXTRADITION. WITH THE CONVENTIONS UPON THE SUBJECT EXISTING BETWEEN ENGLAND AND FOREIGN NATIONS, AND THE CASES DECIDED THEREON. BY EDWARD CLARKE, OF LINCOLN'S INN, BARRISTER-AT-LAW, AND LATE TANCRED STUDENT. " Mr. Clarke's accurate and sensible book is the best authority to which the English reader can turn upon the subject of Extradition.
Page 503 - The constitutional relations between England and her colonies are becoming every day of more importance. The work of Mr. Forsyth will do more to make these relations perfectly clear than any which has yet appeared. Henceforth it will be the standard work of reference in a variety of questions which are constantly presenting themselves for solution both here and in our colonies.
Page 388 - ... the jury may give such damages, as they may think proportioned to the injury resulting from such death to the parties respectively for whom and for whose benefit such action shall be brought...
Page 386 - The general rule of law is, actio personalis moritur cum persona; under which rule are included all actions for injuries merely personal. Executors and administrators are the representatives of the temporal property, that is, the debts and goods of the deceased, but not of their wrongs, except where those wrongs operate to the temporal injury of their personal estate.