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 2

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Baker, Voorhis, 1912 - 3400 sidor
 

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Sida 1148 - That if the owner of any vessel transporting merchandise or property to or from any port in the United States of America shall exercise due diligence to make the said vessel in all respects seaworthy and properly manned, equipped and supplied...
Sida 1148 - Act or omission of the shipper or owner of the goods, his agent or representative...
Sida 1530 - 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...
Sida 1097 - ... 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...
Sida 1584 - ... 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 nonperformance. But in that case he keeps the contract alive for the benefit of the other party as well as his own; he remains subject to all his own obligations and liabilities under it, and enables the other party, not only to complete the contract, if so advised, notwithstanding his previous repudiation of it. but also to take advantage of any supervening...
Sida 1201 - The prima facie measure of damages for the breach of a contract is the amount of the loss which the injured party has sustained thereby. If the breach consists in preventing the performance of the contract, without the fault of the other party, who is willing to perform it, the loss of the latter will consist of two distinct items or grounds of damage, namely: first, what he has already expended towards performance (less the value of materials on hand); secondly, the profits that he would realize...
Sida 988 - The general rule for the measure of damages for the destruction or conversion of personalty is the market value of the property at the time and place of the conversion, if it has such value.
Sida 1671 - No person has a right to inflame his own account against another, by incurring additional expense in the unrighteous resistance to an action which he cannot defend.
Sida 1321 - In this country, where one is to make repairs on a house of another under a special contract, or is to furnish a part of the work and materials used in the erection of a house, and his contract becomes impossible of performance on account of the destruction of the house, the rule is uniform, so far as the authorities have come to our attention, that he may recover for what he has done or furnished. In Cleary v.
Sida 1382 - Courts of Record, upon any Bond or Bonds, or on any Penal Sum for Non-performance of any Covenants or Agreements in any Indenture, Deed, or Writing contained, the Plaintiff or Plaintiffs may assign as many Breaches as he or they shall think fit...

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