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Books Books 1 - 10 of 76 on And it is the general intention of the law that, in giving damages for breach of....
" And it is the general intention of the law that, in giving damages for breach of contract, the party complaining should, so far as it can be done by money, be placed in the same position as he would have been in if the contract had been performed. "
The Institutes of Justinian: With English Introduction, Translation, and Notes - Page 585
edited by - 1876 - 693 pages
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Reports of Cases Argued and Determined in the Court of Queen's ..., Volume 1

Thomas Flower Ellis, Colin Blackburn Baron Blackburn - Law reports, digests, etc - 1853
...point. Wightman J. Here the award is certainly not set aside. Lord Campbell CJ The appellant is now in the same position as he would have been in if the arbitrator, in his first award, had at once adjudged the amount of costs.] But, if the award be once...
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The Institutes of Justinian: With English Introduction, Translation, and Notes

Thomas Collett Sandars - Roman law - 1859 - 606 pages
...cxhibendi cixusa petat, iiiquo sine frustration postulare viduatur, duri 3. In the action ad eihilieiidiim it is not sufficient that the defendant exhibits the...therefore, during the delay, the possessor completes the usucapión of the thing, ha will still be condemned. The judge ought also to make him account for the...
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Irish Chancery Reports: Being a Series of Reports of Cases Argued and ...

Law reports, digests, etc - 1865
...only for the damage which he has actually sustained, and that he has a right to ask us to place him in the same position as he would have been in if the clay had never been disturbed. But the plaintiff demands much more than that ; for, as I understand...
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Cases Argued and Determined in the Court of Common Pleas and in ..., Volume 18

John Scott - Law reports, digests, etc - 1866
...covenantee is entitled to recover such an amount of damages as would place him as nearly as possible in the same position as he would have been in if the covenant had been performed. That in this case is agreed to be 22?. Why, then, should not the defendant...
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The Institutes of Justinian: With English Introduction, Translation, and Notes

Thomas Collett Sandars - Institutiones - 1869 - 606 pages
...exhibit everything derived from the. thing, that is, he must place the claimant in the same position ач he would have been in, if the thing had been exhibited...therefore, during the delay, the possessor completes the usucapión of the thing, he will still ba condemned. The judge ought also to make him account fur the...
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Journal of the Institute of Actuaries, Volume 17

Institute of Actuaries (Great Britain) - Insurance - 1873
...is unreasonable to propose that he is to be placed, notwithstanding the insolvency of the Company, in the same position as he would have been in if the Company hud been in a condition to make a profit, by being given a profit policy in another Company....
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Practice Under the Judicature Acts: Being Reports of Points of Practice ...

Adam Henry Bittleston - Civil procedure - 1876 - 156 pages
...as to the costs being taxed, LINDLEY, J., said that he would make the order, putting the plaintiff in the same position as he would have been in, if the defendant had made this application promptly. Order to stay all further proceedings in the action....
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The Institutes of Justinian

Thomas Collett Sandars - Roman law - 1878 - 603 pages
...exhibits the thing, but he must also exhibit all that shows the circumstances in which the thing is, that is, he must place the claimant in the same position...condemned. The judge ought also to make him account for the f mits of the intermediate time, that is, of the time elapsed between the granting the action ad exttibendum...
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Transactions, Volume 3

Institution of Surveyors (Great Britain). - Surveying
...might, for instance, be strictly accurate to say that a seller of a reversion, seeking to put himself in the same position as he would have been in if the interposed term had run out, ought not to take a less sum than that which, at compound interest on...
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Reports of the Cases Determined in the Supreme Court of Judicature ..., Volume 1

Great Britain. Supreme Court of Judicature - Civil procedure - 1882
...as to the costs being taxed, LINDLEY, J., said that he would make the order, putting tho plaintiff in the same position as he would have been in if the defendant had made this application promptly. Order to stay all further proceedings in the action....
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