A Treatise on the Measure of Damages: Or, An Inquiry Into the Principles which Govern the Amount of Pecuniary Compensation Awarded by Courts of Justice, Volym 4

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Baker, Voorhis, 1912 - 3400 sidor
 

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Populära avsnitt

Sida 2592 - Special damages are such as really took place and are not implied by law; and are either superadded to general damages arising from an act injurious in itself...
Sida 2597 - ... the trial, the plaintiff must in general state the particular damage which he has sustained, or he will not be permitted to give evidence of it.
Sida 2580 - It enacts that 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, or against the commission or continuance of any wrongful act, or for the specific performance of any covenant, contract, or agreement...
Sida 2561 - Every husband, wife, child, parent, guardian, employer or other person, who shall be injured in person or property, or means of support, by any intoxicated person, or in consequence of the intoxication...
Sida 2580 - ... it shall be lawful for the same Court, if it shall think fit, to award damages to the party injured, either in addition to or in substitution for such injunction or specific performance, and such damages may be assessed in such manner as the Court shall direct.
Sida 2593 - ... because presumptions of law are not in general to be pleaded or averred as facts, etc. * * * But when the law does not necessarily imply that the plaintiff sustained the damages by the act complained of, it is essential to the validity of the declaration that the resulting damage should be shown with particularity.
Sida 2580 - Act, 21 & 22 Viet. c. 27 (Lord Cainw' Act), which takes effect from and after the 1st of November, 1858. It enacts that 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...
Sida 2675 - ... the judgment of the jury and not the opinion of the court is to govern, unless the damages are so excessive as to warrant the belief that the jury must have been influenced by partiality or prejudice, or have been misled by some mistaken view of the merits of the case.
Sida 2634 - The selling price of lands in the neighborhood at the time is undoubtedly a test of value, but it is the general selling price, not the price paid for particular property. The location of the land, its uses and products and the general selling price in the vicinity, are the data from which a jury may determine the market value. The price which, upon a consideration of the matters stated, the judgment of well informed and reasonable men will approve, is the market value.
Sida 2561 - ... any person owning, renting, leasing or permitting the occupation of any building or premises, and having knowledge that intoxicating liquors are to be sold therein...

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