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In jure non remota causa, sed proxima spectatur

v. Baxendale, (1854) 9 Ex 341, where it was laid down that only such damages are recoverable for breach of contract as (1) arose naturally from the breach itself, or (2) might reasonably be supposed to have

Law Reform (UK)

the estate of that person:- (a) shall not include any exemplary damages; (b) in the case of a breach of promise to marry shall be limited to such damage, if any, to the estate of that person

Negligence

SCC 731. (Motor Vehicles Act, 1988, s. 168). [s. 81, ill. (a), I.P.C.] As a tort is the breach of a duty caused by omission to do something which a reasonable man would do, or doing something

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Trust

may under certain circumstances plead the Statute of Limitations in answer to a claim against him for a breach of trust: see Re Somerset, (1894) 1 Ch 231; Howe v. Earl Winterton, (1896) 2 Ch 626. See

Wrong

of his own wrong' means that a man cannot enforce against another a right arising from his own breach of contract or breach of duty, Re London Celluloid Co., (1888) 39 Ch D 206, per Bowen, LJ.

Negligence, contributory negligence

caused, and is of such a nature that it may properly be described as 'negligence'. Negligence ordinarily means breach of a legal duty to care, but when used in the expression 'contributory negligence' it does not mean

Liquidated damages

damages, the amount agreed upon by a party to a contract to be paid as compensation for the breach of it, and intended to be recovered, whether the actual damages sustained by the breach be more or

Marriage, Promise of

abolished until the reign of George II., by 26 Geo. 2, c. 33. In an action for the breach of the promise, the parties were excepted amongst others) from the general abolition of admissibility of parties as

Misrepresentation

person making it, of that which is not true, though he believes it to be true; (2) any breach of duty which, without an intent to deceive, gains an advantage to the person committing it, or any

Rescue

it is impounded, for then it is deemed to be in the custody of the law. The Pound Breach Act, 1843 (6 & 7 Vict. c. 30), gives a summary remedy for pound breach and rescue in

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