Popular Law Library, Putney...Cree publishing Company, 1908 |
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Страница vi
... LOSSES ... Section 9 Proximate and Remote Consequences in General 66 10 Direct Losses . ... 11 Consequential Losses . CHAPTER IV . 201 201 202 202 DETERMINATION OF DAMAGES ...... Section 12 Damages in Actions for Breach of Contract ...
... LOSSES ... Section 9 Proximate and Remote Consequences in General 66 10 Direct Losses . ... 11 Consequential Losses . CHAPTER IV . 201 201 202 202 DETERMINATION OF DAMAGES ...... Section 12 Damages in Actions for Breach of Contract ...
Страница 16
... loss must be borne by one of two innocent persons , it is more just that it should be borne by the one who occasioned it.20 The liability of a lunatic for his torts is thus dis- cussed in the case of Avery vs. Wilson : 21 " A lunatic is ...
... loss must be borne by one of two innocent persons , it is more just that it should be borne by the one who occasioned it.20 The liability of a lunatic for his torts is thus dis- cussed in the case of Avery vs. Wilson : 21 " A lunatic is ...
Страница 18
... loss and damage of the person injured . " In this case the defendant is charged with the in- fringement of an incorporeal right conferred by law upon the plaintiffs . A patent - right is the exclusive liberty conferred by letters patent ...
... loss and damage of the person injured . " In this case the defendant is charged with the in- fringement of an incorporeal right conferred by law upon the plaintiffs . A patent - right is the exclusive liberty conferred by letters patent ...
Страница 57
... loss of service on his part , occasioned by the injury . This being the consequential and not the di- rect effect of the seduction ac- cording to the distinctions now well settled between case and trespass , redress must be sought in ...
... loss of service on his part , occasioned by the injury . This being the consequential and not the di- rect effect of the seduction ac- cording to the distinctions now well settled between case and trespass , redress must be sought in ...
Страница 58
... loss of service , etc. , merely as consequential . " 119 The action of seduction can never be brought by the woman herself , as she has consented to the act.120 The general rule of the common law is , that the father of the woman ...
... loss of service , etc. , merely as consequential . " 119 The action of seduction can never be brought by the woman herself , as she has consented to the act.120 The general rule of the common law is , that the father of the woman ...
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Чести термини и фразе
ab initio action for deceit action for malicious action of trespass adjoining affect age of consent assault Atchin bigamy breach of contract CHAPTER character charge child circumstances civil committed common law common law marriage comparative negligence Conn constitute contributory negligence court cruelty curtesy defendant defendant's desertion divorce doctrine duty dwelling equity fact false imprisonment felony fraud guardian habitual drunkenness held husband at marriage Imputations infant injury Iowa jury land liable libel loss malicious prosecution married Mass ment Minn misrepresentation N. J. Eq nuisance owner parent party personal property physical incapacity plaintiff probable cause proximate question railroad reasonable recover recovery representations right of action right of dower riparian rule SECTION sexual intercourse slander slander and libel Smith statute sufficient suit Tenn tion tort unlawful valid ward waste words wrong
Популарни одломци
Страница 204 - ... 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.
Страница 203 - 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...
Страница 185 - Act to recover damages for personal injuries to an employee or where such injuries have resulted in his death, the fact that the employee may have been guilty of contributory negligence shall not bar a recovery, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee...
Страница 172 - Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do.
Страница 128 - That the complaint does not state sufficient facts to constitute a cause of action against the defendants herein. Second : That the complaint joins several causes of action in one complaint and is uncertain and ambiguous.
Страница 258 - The duty of parents to provide for the maintenance of their children, is a principle of natural law ; an obligation, says Puffendorf, laid on them not only by nature herself, but by their own proper act, in bringing them into the world : for they would be in the highest manner injurious to their issue, if they only gave their children life that they might afterwards see them perish.
Страница 172 - Negligence is the failure to do what a reasonable and prudent person would ordinarily have done under the circumstances of the situation, or doing what such a person under the existing circumstances would not have done.
Страница 185 - If the plaintiff by ordinary care could have avoided the consequences to himself caused by the defendant's negligence, he is not entitled to recover. But in other cases the defendant is not relieved, although the plaintiff may in some way have contributed to the injury sustained.
Страница 185 - I believe quite correctly, that "the rule of law is laid down with perfect correctness in the case of Butterfield v. Forrester, that, although there may have been negligence on the part of the plaintiff, yet unless he might, by the exercise of ordinary care, have avoided the consequences of the defendant's negligence, he is entitled to recover; if by ordinary care he might have avoided them, he is the author of his own wrong.
Страница 40 - An assault is any attempt or offer, with force or violence, to do a corporal hurt to another...