Cases on DamagesWest Publishing Company, 1928 - 508 halaman |
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Edisi yang lain - Lihat semua
Istilah dan frasa umum
actual damages agreed agreement alleged allowed amount appeal appellee applied ascertained assessment awarded breach of contract cause of action cent charge circumstances cited claim coal compensation complained Conn consequence cost covenant decisions defendant defendant's delivered delivery earning entitled to recover error evidence exemplary damages expenses fact fendant held husband injury instruction interest judge judgment jury land Law Rev liable liquidated damages malice market value Mass measure of damages ment mitigation of damages nature negligence nominal damages opinion owner paid party payment penalty Pentress perform person plain plaintiff plaintiff in error profits proper punitive damages purchase question Railroad Railway reason recover damages recovery refused remittitur result sold statute stipulated suffering suit supra Supreme Court sustained thereof tiff tion tort tract trespass trial court trover verdict Western Union wrongful act
Bagian yang populer
Halaman 78 - ... 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.
Halaman 497 - 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...
Halaman 165 - ... just and reasonable inference, although the result be only approximate.
Halaman 273 - The detriment caused by the wrongful conversion of personal property is presumed to be : "First — The value of the property at the time of the conversion, with the interest from that time, or, an amount sufficient to indemnify the party injured for the loss which is the natural, reasonable and proximate result of the wrongful act complained of and which a proper degree of prudence on his part would not have averted; and "Second — A fair compensation for * the time and money properly expended...
Halaman 409 - ... whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances...
Halaman 87 - When contracts for the sale of chattels are broken by the vendor failing to deliver the property according to the terms of the bargain, it seems to be well settled, as a general rule, both in England and the United States, that the measure of damages is the difference between the contract price and the market value of the article at the time when...
Halaman 26 - If the plaintiff has a right, he must of necessity have a means to vindicate and maintain it, and a remedy if he is injured in the exercise or enjoyment of it; and indeed it is a vain thing to imagine a right without a remedy; for want of right and want of remedy are reciprocal.
Halaman 269 - ... worth from its availability for valuable uses. Property is not to be deemed worthless because the owner allows it to go to waste, or to be regarded as valueless because he is unable to put it to any use. Others may be able to use it, and make it subserve the necessities or conveniences of life. Its capability of being made thus available gives it a market value which can be readily estimated.
Halaman 114 - ... the difference between the contract price and what it would have cost the plaintiffs to manufacture and deliver the lumber according to the terms of the contract.
Halaman 443 - We therefore recommend that the judgment of the Court of Civil Appeals be reversed, and that the judgment of the district court be so reformed as to allow K.