Mayne's Treatise on Damages |
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Common terms and phrases
agreement allowed amount arising assessed assignee Baxendale bill Bing bound breach of contract brought cargo carrier cause of action charter-party circumstances claim common law consequence costs Court covenant creditor debt decision deduction default defendant defendant's delivered difference entitled to recover equity evidence executor expenses freight G. W. Ry given ground held incurred indemnify indemnity injury instance 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 nature negligence nominal damages notice owner paid party payable payment penalty person plaintiff premises principle profits purchaser question railway company reason received recoverable refused rent replevin result rule Saund set-off ship Smith sold special damage statute sued surety Taunt tenant trespass trover vendor verdict Vict warranty
Popular passages
Page 11 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be 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 87 - ... whenever one person is by circumstances placed in such a position with regard to another that every one of ordinary sense who did think would at once recognize that, if he did not use ordinary care and skill in his own conduct with regard to those circumstances, he would cause danger of injury to the person or property of the other, a duty arises to use ordinary care and skill to avoid such danger.
Page 179 - The promisee, if he pleases, may treat the notice of intention as inoperative, and await the time when the contract is to be executed, and then hold the other party responsible for all the consequences of non-performance : but in that case he keeps the contract alive for the benefit of the other party as well as his own...
Page 169 - upon all debts or sums certain, payable at a 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 were payable, if such debts or sums be payable by virtue of some written instrument at a certain time...
Page 2 - Every action in the High Court shall be commenced by a writ of summons, which shall be indorsed with a statement of the nature of the claim made, or of the relief or remedy required in the action...
Page 318 - 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 56 - the direct and immediate fruits of the contract," they are free from this objection; they are then "part and parcel of the contract itself, entering into and constituting a portion of its very elements; something stipulated for, the right to the enjoyment of which is just as clear and plain as to the fulfillment of any other stipulation.
Page 10 - Viet. c. 51 ; with an Introduction, Copious Notes, and References to all the Decided Cases in England, Scotland, and Ireland. An Appendix of Statutes, Tables, and a full Index. By ALFRED HANSON, of the Middle Temple, Esq., Barrister-at-Law, Comptroller of Legacy and Succession Duties.
Page 499 - I strongly incline to agree with him, that to make the words actionable, by reason of special damage, the consequence must be such as, taking human nature as it is, with its infirmities, and having regard to the relationship of the parties concerned, might fairly and reasonably have been anticipated and feared would follow from the speaking the words, not what would reasonably follow, or we might think ought to follow.
Page 139 - ... other in respect of such mutual dealings, and the sum due from the one party shall be set off against any sum due from the other party, and the balance of the account, and no more, shall be claimed or paid on either side respectively ; but a person shall not be entitled under this section to claim the benefit of any set-off against the property of a debtor in any case where he had at the time of giving credit to the debtor, notice of an act of bankruptcy committed by the debtor, and available...