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" For had the special circumstances been known, the parties might have specially provided for the breach of contract by special terms as to the damages in that case ; and of this advantage it would be very unjust to deprive them. "
The Southern Reporter - Página 131
1887
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Reports of Civil and Criminal Cases Decided by the ..., Volumen40;Volumen147

Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1912 - 966 páginas
...parties might have specially provided for the breach of contract by special terms as to the damages in that case; and of this advantage it would be very unjust to deprive them." This is the doctrine declared in Bates v. Norton Iron Works, 113 Ky., 372; Illinois Central Railroad...
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The Monthly Law Reporter, Volumen17

1855 - 736 páginas
...parties might have specially provided for the breach of contract, by special terms, as to the damages in that case ; and of this advantage it would be very unjust to deprive them. Now, the above principles are those by which we think the jury ought to be guided, in estimating the...
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The Irish Jurist, Volumen6

1854 - 836 páginas
...might have been special!; provided for by the breach of contract by special terms as to the damages in that case, and of this advantage it would be very...the damages arising out of any breach of contract. It if said that other cases, such as breaches of contract in the non-payment of money, or in the not...
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The Law Magazine: Or, Quarterly Review of Jurisprudence, Volumen22;Volumen53

1855 - 414 páginas
...the event of a breach of contract occurring, by special terms as to the damages to be paid in such case ; and of this advantage it would be very unjust to deprive them. The facts in Hadley v, Baxendale having been stated in a recent Number of this Magazine,1 need not just...
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The American Law Register, Volumen3

1855 - 804 páginas
...the event of a breach of contract occurring, by special terms as to the damages to be paid in such case ; and of this advantage it would be very unjust to deprive them. The facts in Hadley vs. Baxendale having been stated in a recent Number of this Magazine,1 need not just...
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The Practice of the Courts of King's Bench and Common Pleas, in ..., Volumen1

William Tidd - 1856 - 838 páginas
...parties might hare specially provided for the breach of contract by special terms as to the damages in that case ; and of this advantage it would be very unjust to deprive them." ¥er Alder son, B., in Jlatttey v. Baxendale, 9 Exc. R. 354. And in a very late case, Fletcher v. Taylor,...
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A Treatise on the Measure of Damages: Or, An Inquiry Into the Principles ...

Theodore Sedgwick - 1858 - 778 páginas
...special circumstances, for such a breach of contract. For had the special circumstances been known, the parties might have expressly provided for the breach...the damages arising out of any breach of contract" The rule laid down in Hadley v. Baxendale was again acted upon in a very recent case. The defendant...
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Reports of Cases Argued and Determined in the Court of Queen's Bench: And ...

Great Britain. Court of King's Bench, Thomas Flower Ellis, Colin Blackburn Baron Blackburn, Francis Ellis - 1860 - 1150 páginas
...parties might have specially provided for the breach of contract b/ special terms as to the damages in that case ; and of this advantage it would be very unjust to deprive them ;" 9 Exch. 355. (t) 8 E. &• /?. 647, in Excb. Ch., affirming the judgment of QB in Co/la v. Wriyht,...
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Selwyn's Abridgment of the Law of Nisi Prius

William Selwyn - 1861 - 840 páginas
...parties might have specially provided for the breach of contract by special terms as to the damages in that case, and of this advantage it would be very unjust to deprive them. In the present case we find that the only circumstances communicated by the plaintiff to the defendant...
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The Law of Contracts, Volumen3

Theophilus Parsons - 1866 - 810 páginas
...parties might have especially provided for the breach of contract, by special terms as to the damages in that case, and of this advantage it would be very unjust to deprive them." But in Waters i>. Towers, 8 Exch. 401, 20 Eng. L. £ Kq. 410, where the action was for the non-fulfilment...
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