... 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... Southern Reporter - Page 21894Full view - About this book
| Isaac Grant Thompson - Law reports, digests, etc - 1879 - 888 pages
...the jack from Burlington to Monmouth, or such damages as may reasonably be supposed to have been in contemplation of both parties at the time they made the contract, as the probable result ol ;,he breach of it; therefore, if the jury believe, from the evidence, that the jack in controversy... | |
| Law reports, digests, etc - 1889 - 1878 pages
...breach of contract should be such as may fairly and reasonably be considered, either arising naturallv, ie, according to the usual course of things, from...contract as the probable result of the breach of it. " Hadley v. Baxendule, 9 Exch. 341-353. 4. SAME — CONTINGENT DAMAGES. Damages which are the legal... | |
| Law reports, digests, etc - 1905 - 1124 pages
...should be such as may fairly and reasonably be considered either as arising naturally — that Is, according to the usual course of things — from such...contract, as the probable result of the breach of it." Where the special circumstances are known to the defendant, and where the damage is the natural result... | |
| Law reports, digests, etc - 1889 - 948 pages
...contract should be such as may fairly and reasonably be considered, either arising naturally, »'. «. , according to the usual course of things, from such...contract as the probable result of the breach of it. " lladley v. BaxendaU, 9 Exch. 341-353. 4. SAME — CONTINGENT DAMAGES. Damages which are the legal... | |
| Horace Smith - Employers' liability - 1880 - 300 pages
...arises in the performance of a contract, the damages must be such as can reasonably be supposed to have been in the contemplation of both parties at the time...contract as the probable result of the breach of it (q). So where the defendant was a collector of telegrams, and received one in cypher which was unintelligible... | |
| Law reports, digests, etc - 1887 - 1910 pages
...course of things, from such breach of contract itself, or such as may reasonably \>s supposed to have been in the contemplation of both parties at the time...contract, as the probable result of the breach of it." In the case at bar plaintiff is seeking to recover, not the value of the ordinary use of the barge... | |
| Austin Abbott - Civil procedure - 1880 - 658 pages
...ALDERSON'S rule clearly applies. No such damages (as those claimed) could be ' reasonably supposed to have been in the contemplation of both parties at the time...contract, as the probable result of the breach of it,' for the simple reason that the defendant, at least, did not know what bis contract was about, nor what,... | |
| Eugene Leggett - Bills of lading - 1880 - 520 pages
...course of things — from such breach of contract itself, or such as may be reasonably supposed to have been in the contemplation of both parties at the time...contract, as the probable result of the breach of it.2 Cases may occur in which it is difficult to apply these principles, but there is no case in which... | |
| Sir William Reynell Anson - Agency (Law) - 1880 - 442 pages
...(a) [In this country the statutes of the States cover all the questions of interest.] 3l5 parties, at the time they made the contract, as the probable result of the breach of it. (a) Exceptional And where special loss is in contemplation of the be" mutter of partles from the breach... | |
| John James Kehoe - Choses in action - 1881 - 232 pages
...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...contract as the probable result of the breach of it. (Hadley v. Baxendale, 9Exeh. E. 341.) Analogous rules as to remoteness of damage in cases arising out... | |
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