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Elements of the Law of Damages; A Handbook for the Use of Students and Practitioners, by Arthur George Sedgwick

Elements of the Law of Damages; A Handbook for the Use of Students and Practitioners, by Arthur George Sedgwick


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About the Book

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: ELEMENTS THE LAW OF DAMAGES. INTRODUCTION. The modern development of the law has been marked by a growing attention to the subject of Damages. Two generations ago, there existed but a single text-book on this title of the law; in the United States there was none. Since then, not only have a number of systematic treatises made their appearance, but the Reports, with their constantly increasing harvest of decisions, have proved that for some inherent reason this branch of the law of redress commands a position not previously held by it. Its introduction into the courses of law schools shows that, besides its importance in actual practice, it attracts much notice as a subject deserving the attention of students. The explanation of the fact which lies on the surface is, that the body of rules laid down by the courts as to damages is of comparatively recent growth. But a question of considerable interest is, Are the causes which have produced these rules of a permanent character, or is their growth merely a transitory phenomenon in the development of the law ? The answer may serve to throw some light upon the principles underlying the whole subject. It seems to be closely connected with the division in our system between law and fact, and the separation of the functions of court and jury. Originally the jury, now a tribunal of fact, summoned to hear the testimony offered by the parties, to decide upon its credibility, and, under the guidance of the court, to find the facts inthe case necessary to its correct decision, had no such function. Trial by jurors was resorted to because they were persons supposed to be already cognizant of the matter in dispute,1 and they seem to have been in consequence clothed with a practically absolute power as to the amount of compensation....


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Product Details
  • ISBN-13: 9781459045989
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 126
  • Spine Width: 7 mm
  • Width: 189 mm
  • ISBN-10: 145904598X
  • Publisher Date: 01 Jan 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 240 gr


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Elements of the Law of Damages; A Handbook for the Use of Students and Practitioners, by Arthur George Sedgwick
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