A Treatise on the Law of Damages |
From inside the book
Results 1-5 of 72
Page 1
... suits wherein some real property mixed , is demanded , and also personal damages for a wrong sus- tained " ( a ) . But no damages can be obtained in real actions . but not in real In these the plaintiff only claims title to real ...
... suits wherein some real property mixed , is demanded , and also personal damages for a wrong sus- tained " ( a ) . But no damages can be obtained in real actions . but not in real In these the plaintiff only claims title to real ...
Page 2
... suit is maintained in the name of the king ( ƒ ) ; and even where the statute gives damages to the person aggrieved , they cannot be obtained on the indictment , but must be sued for in an action on the statute , in the name of the ...
... suit is maintained in the name of the king ( ƒ ) ; and even where the statute gives damages to the person aggrieved , they cannot be obtained on the indictment , but must be sued for in an action on the statute , in the name of the ...
Page 3
... suits where it has jurisdiction to entertain an application for an for injunction or injunction or for specific performance , award damages to the party injured , either in addition to or in substitution for the injunction or specific ...
... suits where it has jurisdiction to entertain an application for an for injunction or injunction or for specific performance , award damages to the party injured , either in addition to or in substitution for the injunction or specific ...
Page 6
... suit for general average , in which a nonsuit was taken , because the jury were about to give a verdict for the defendant on the ground that they could not ascertain that any specific sum was the proportion due to the plaintiff , the ...
... suit for general average , in which a nonsuit was taken , because the jury were about to give a verdict for the defendant on the ground that they could not ascertain that any specific sum was the proportion due to the plaintiff , the ...
Page 7
... suit never repay him for the amount he has expended in the action ; for none of this , how- ever , can he be compensated . The amount of the debt , with interest , and taxed costs is all he can recover . And so if the defendant's ...
... suit never repay him for the amount he has expended in the action ; for none of this , how- ever , can he be compensated . The amount of the debt , with interest , and taxed costs is all he can recover . And so if the defendant's ...
Contents
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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.