 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 - Page 497by Thomas Collett Sandars - 1878 - 603 pagesFull view - About this book
 | Ireland. High Court of Chancery - Law reports, digests, etc - 1865 - 656 pages
...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... | |
 | John Scott, Great Britain. Court of Common Pleas - Law reports, digests, etc - 1866 - 584 pages
...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... | |
 | Justinian I (Emperor of the East) - Institutiones - 1869 - 624 pages
...niliilnminns pnnHpmnftexhibits the thing, but he must also exhibit everything derived from the thing, that is, he must place the claimant in the same position...immediately on the demand being made. If, therefore. 508 sine frustratione postulare videatur, dari ei debet, ut tamen caveat se Testituturum. Quod si neque... | |
 | Institute of Actuaries (Great Britain) - Insurance - 1873 - 508 pages
...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.... | |
 | Thomas Collett Sandars - Roman law - 1876 - 772 pages
...that the defendant exhibits the thing, but he must also exhibit everything derived from the thing, that is, he must place the claimant in the same position...the time elapsed between the granting the action ad exhibendum and the sentence. If the defendant states that it is out of his power to make the exhibition... | |
 | Adam Henry Bittleston - Civil procedure - 1876 - 176 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.... | |
 | Institution of Surveyors (Great Britain). - Surveying - 414 pages
...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... | |
 | Great Britain. Supreme Court of Judicature - Civil procedure - 1882 - 1296 pages
...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.... | |
 | John Chipman Gray - Personal property - 1888 - 816 pages
...breaches which may in future be incurred. The arbitrator must see what sum of money will put the plaintiff in the same position as he would have been in if the covenant not to assign the lease had not been broken, and the plaintiff had retained the liability... | |
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