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The Weekly Reporter Volume 48

The Weekly Reporter Volume 48


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About the Book

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1900 Excerpt: ...at all. We will give the plaintiffs a trifling amount--not nominal damages, be it observed, but a trifling amount. In other cases it would be more serious. It appears to me, therefore, that what the noble and learned lords who gave judgment in your lordships' House intended to point out, and what Lord Herschell gives expression to in plain terms, was that the unlawful keeping back of what belongs to another person is of itself a ground for real damages, not nominal damages at all. Of course I observe that it has been suggested that this was not an action for trover or detinue; but although those are different forms of action, the principle upon which damages are to be assessed does not depend upon the form of action at all. I put aside cases of trespass where a high-handed procedure or insolent behaviour has been held in law to be a subject of aggravated damages, and the jury might give what are called punitive damages. Leaving that aside, whatever be the form of action, the principle of assessing damages must be the same in all courts and for all forms of what I may call the unlawful detention of another man's property. That seems to me to be so plain that I confess I have been somewhat puzzled to learn that it has bees decided in the Admiralty Courts that the loss of the use of a vessel under the circumstances of this case has been treated (if it has really been so treated--I have serious doubt about it) as something for which no moneys counted could possibly be allowed. I can only say that I am very glad such a principle has not been affirmed by your lordships' House, because it seems to me to be inconsistent with principle and very unreasonable in itself. The only difficulty I have had in this case has been in regard to the case in the Privy Council--Th...


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Product Details
  • ISBN-13: 9781130142945
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 952
  • Spine Width: 48 mm
  • Width: 189 mm
  • ISBN-10: 1130142949
  • Publisher Date: 01 Mar 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 1665 gr


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