A Treatise on the Measure of Damages: Or an Inquiry Into the Principles Which Govern the Amount of Pecuniary Compensation Awarded by Courts of Justice

A Treatise on the Measure of Damages: Or an Inquiry Into the Principles Which Govern the Amount of Pecuniary Compensation Awarded by Courts of Justice
By Theodore Sedgwick
2000/09 - Beard Books - Law Classic

Volume I - 669 pp. 1587980622 - Paperback - Reprint US$34.95	Volume II - 707 pp. 1587980630 - Paperback - Reprint US$34.95
Volume III - 723 pp. 1587980649 - Paperback - Reprint US$34.95	Volume IV - 713 pp. 1587980657 - Paperback - Reprint US$34.95

A monumental work on the subject thoroughly covering the history of legal principles and the cases up to 1812 establishing existing rules.

Publisher Comments

Category: Law

This title is part of the Treatises list.

Of interest:

The Law of Remedies for Torts or Private Wrongs

This monumental work sets forth two major treatments of the subject. Four volumes and nearly 3,000 pages thoroughly present an interesting and careful historical examination and comparison with civil law principles, and discuss reasons for existing rules suggested by history or analogy or laid down in some 30,000 cases up to 1812. The varied aspects of compensation and damages are covered, as well as related topics such as the measure and elements of value, expenses of litigation, medium of payment, and interest.

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Theodore Sedgwick, 1811-1859, a legal scholar born in Albany, New York. He practised law from 1934 to 1950, and served as United States District Attorney for the Southern District of New York, 1858-1859. He wrote a number of law books as well as writing extensively for the popular press.

CHAPTER I. GENERAL VIEW OF THE SUBJECT, 1
1.	The subject a branch of the law of redress.
2.	Legal relief consists of damages.
3.	Equitable relief.
4.	Difference between them.
5.	Damages a species of property.
6.	General arrangement of the subject.
HISTORY OF DAMAGES IN OUR LAW
7.	Our law of damages originated with the Anglo-Saxons.
8.	Damages under Anglo-Saxon jurisprudence.
9.	Damages in Anglo-Saxon law compensatory.
10.	Anglo-Saxon compensation pecuniary.
11.	Amount of compensation carefully defined.
12.	Anglo-Saxon judiciary.
13.	Later modes of trial.
14.	Trial by ordeal.
15.	By battle.
16.	By wager of law.
17.	By jury.
18.	Modern tribunals.
19.	Quantum of damages a question for the jury.
DAMAGES UNDER OTHER SYSTEMS OF LAW
20.	Jewish law.
21.	Hindoo law.
22.	Roman law.
23.	How awarded under Roman law.
24.	Arbitrary rule of reparation under Roman law.
25.	Civil law.
26.	Dammages-inter indefinite
27.	Limited only by the discretion of the judge.
28.	Methods of avoiding injustice in the systems considered.
28a.	Damages under modern codes.
GENERAL PRINCIPLES ADOPTED IN THE COMMON-LAW SYSTEM
29.	Damages consist in compensation for loss attained.
30.	Both in contract and in tact.
31.	The amount determined by rules of law.
32.	Dammon injuris and injurie sine dummo.
33.	Fletcher v. Rylands.
34.	No compensation for loss by nuisance common to all.
35.	Unless particular damage results.
36.	Nor by way of settlement for crime.
36a..	Apportionment of damage between wrongdoers.
CHAPTER II. COMPENSATION, 42
37.	The elements of injury.
38.	Perfect compensation impossible.
39.	The injuries for which compensation is given.
40.	Compensation for injuries to property.
41.	For physical pain.
42.	For inconvenience.
43.	For mental suffering -- Early misconception of the rule
43a.	Ambiguity of the term "Mental Suffering."
43b.	Physical impact theory
43c.	Public policy theory.
43d.	The course of decision.
43e.	Conclusion to which the course of decision points.
43f.	Mental suffering alone not usually a cause of action
43g.	No recovery for sympathetic mental suffering.
43h.	Mental suffering resulting in physical harm.
43i.	Mental suffering consequent upon an independent actionable wrong.
43j.	Mental suffering for intentional wrong.
43k.	What persons can suffer mentally.
44.	Damages for mental suffering in actions for personal injury.
44a.	For injury to property
45.	In actions of contract.
46.	In actions against public service corporations.
46a.	Difficulty of estimating in money no objection.
47.	Mental injury must be real.
48.	Kinds of mental injury compensated
49.	To personal liberty
50.	To reputation and standing in society
51.	Aggravation and mitigation
52.	Mater of evidence, not of law
CHAPTER III. REDUCTION OF THE ORIGINAL LOSS, 86
53.	Offer of specific reparation.
54.	Bringing converted property
55.	Reparation accepted.
55a.	Return to the general owner.
56.	Reparation preventing actual loss.
57.	Reparation by a third party.
58.	Recovery of property by the injured party.
59.	Application of property to the benefit of the injured party.
60.	Application authorized by law -- Seizure on execution, etc.
61.	Informal sale after legal seizure.
62.	Reparation which would prevent further loss.
63.	Benefit conferred on the injured party by the wrongful act.
64.	In an action for flooding lands.
65.	On the injured party in common with others.
66.	Not caused directly by the wrongful act itself.
67.	Benefit received from third parties on account of the injury.
67a.	Amount received on insurance policy.
CHAPTER IV. COMPENSATION FOR INJURY TO A LIMITED INTEREST IN PROPERTY, 109
68.	Damages as affected by limited ownership.
69.	Damages recoverable by owner of limited interest in land.
70.	By an occupant of land.
71.	By a lessee of land.
72.	By a life-tenant of land.
73.	By a mortgagee or mortgagor of land.
74.	By a reversioner.
75.	By a tenant in common of land.
76.	By a possessor of chattels against a stranger
77.	In replevin by one who counts on possession merely.
78.	By the possessor of chattels in an action against the owner.
79.	By a possessor of chattels where the owner cannot recover the full value
80.	By an owner of chattels out of possession.
80a.	By a party to a conditional sale.
81.	By the mortgagor or mortgagee of chattels.
82.	Between the parties to a mortgage of chattels.
83.	By the part owner of chattels
83a.	Interest of creditor in property fraudulently transferrer
CHAPTER V. ENTIRE AND PROSPECTIVE DAMAGES, 137
83b.	Cause of action cannot be split.
84.	All damages for an injury must be recovered in a single action.
84a.	Joinder of similar causers in a single suit.
85.	Entire damages for breach of contract.
85a.	Separate contracts
85b.	Entire damages for a tort.
85c.	Distinct torts
86.	Damages for prospective loss.
86a.	Damages accruing between time of action brought and trial.
86b.	Prospective damages for torts
86c.	Prospective damages for personal injury.
87.	Prospective damages for breach of contract.
88.	Renewed injury requires a new action.
89.	Continuing of successive breaches of contract.
90.	Damages recoverable for act destroying a contract.
91.	Continuing tort.
92.	By trespass on plaintiff's land.
93.	By unauthorized private structure or use of land.
93a.	By causing land to fall.
94.	For tort causing permanent injury.
95.	For injury caused by lawful permanent structure or use of land.
CHAPTER VI. NOMINAL DAMAGES, 164
96.	Nominal damages distinguished from substantial damages.
96a.	The common law relieves only from actual injury.
97.	Damages inferred from the fact of wrong done.
98.	Nominal damages for the infringement of a right.
99.	Nominal damages establish title.
100.	Application of the rule in torts -- English Cases.
101.	American cases.
102.	In actions upon patents or trade-marks.
103.	In actions against public officers.
104.	General principle in actions of tort
105.	Actions of contract -- English Cases.
106.	American cases.
107.	Where no loss is inflicted damages must be nominal.
107a.	Nominal damages where the amount of damage is not proved.
107b.	Where the extent of damage is uncertain in its nature.
107c.	where the act is not by its nature calculated to cause loss.
107d.	Where no loss happened on the facts of the case.
108.	Nominal damages as affecting costs.
109.	Error in the disallowance of nominal damages.
CHAPTER VII. PROXIMATE AND REMOTE DAMAGES, 192
110.	Not all results of a wrongful act are compensated.
111.	Direct and indirect results of a wrong.
111a.	Fundamental distinctions.
111b.	Proximate and remote cause.
111c.	Tests proposed for the determination of proximate cause.
111d.	Time and distance.
111e.	Probability and rarity; possibility and impossibility.
111f.	Causal sequence.
112.	Causa sine qua non. The "but for which" rule
113.	Remote consequences not compensated.
114.	Consequences of an act complex in nature.
115.	Scott v. Shepherd.
115a.	What consequences are remote.
116.	Question of remoteness a question of fact.
117.	Instances of proximate and remote consequences.
118.	Cause and condition.
119.	Exposure to risks negligence concurring with cause for which defendant is not responsible.
119a.	Cases against carriers. Comparative exposure to risk; Anticipation of loss.
119b.	Causes of divergence in the cases.
119c.	Analogy in cases of deviation.
119d.	Leading cases in Massachusetts, New York and Pennsylvania.
119e.	Confusion of authorities.
120.	Lack of privity or duty as affecting cause of action.
120a.	Damage supervening from a collateral cause.
120b.	Proximate and remote results of statutory injuries.
121.	Louisiana law.
121a.	Consequences of intermeddling with property.
121b.	Direct consequence always proximate.
121c.	Classification of cases involving remoteness.
121d.	Interposition of a natural force.
122.	Loss by exposure to the weather.
123.	Injury by supervening disease or accident.
124	Interposition of the act of an animal.
125.	Infectious disease.
125a.	Defects in fences and gates. Straying cattle.
126.	Intervention of human agency.
126a.	Interposition of plaintiff.
126b.	Damage resulting to feelings of the injured party.
126c,	Loss through a forced sale of property.
126d.	Interposition of act of a third person.
126e.	Concurring negligence of third person.
127.	Loss of credit.
127a.	Loss of business.
128.	Loss caused by a crowd attracted.
129.	Loss of employment.
130.	Loss of a dependent contract.
131.	Judicial or other official action.
132.	Deprivation of means to an end.
133.	Deprivation of property.
134.	Deprivation of business premises.
134a.	Deprivation of machinery.
135.	Deprivation of means of protection to person or property.
136.	Detention of property.
137.	Loss of service.
CHAPTER VIII. NATURAL CONSEQUENCES, 259
138.	Meaning of the term
139.	Unnatural or unexpected consequences how far actionable.
140.	Damages for unexpected consequences of a legal injury.
141.	Difference between tort and breach of contract.
142.	General conclusion as to natural consequences.
143.	Natural consequences in actions of tort.
144.	The rule in Hadley v. Baxendale.
145.	Griffin v. Colver.
146.	Meaning of the rule in Hadley v. Baxendale.
147.	Cory v. Thames I. W. & S. B. Co.
147a.	General results of Hadley v. Baxendale.
148.	Natural consequences of breach of contract.
149.	Unnatural consequences of breach of contract.
150.	Action against carrier of passengers.
151.	Loss caused by unexpected natural causes supervening on the defendant's act.
152.	Carrier's delay to transportation of, or loss of machinery and supplies.
153.	Breach of contract to supply machinery or materials for trade or manufacture.
153a.	Breach of contract to supply money.
154.	Telegraph and messenger companies.
155.	Agreement to repair.
156.	Loss of a sub-contract.
157.	Notice -- General rule.
158.	Notice of consequences of a breach of contract.
159.	Notice must form the basis of a contract.
160.	But need not be part of the contract.
161.	Notice of a sub-contract.
162.	Notice of a contemplated resale.
163.	Notice of a sub-contract, but not of the price.
164.	Notice of a special use for goods.
164a.	Breach of warranty of fitness for purpose.
165.	Notice of use of machinery.
166.	Notice of a special use for material.
167.	Notice of special use for premises.
168.	Notice of special use for funds.
169.	Notice of special use for information.
169a.	Notice of special need for promptness.
CHAPTER IX. CERTAIN AND UNCERTAIN DAMAGES: PROFITS, 317
170.	Fact of loss must be shown with reasonable certainty.
170a.	Absolute certainty not require as to amount of loss.
171.	Best proof possible must be given.
171a.	Value found by jury without evidence.
171b.	Alternative rules of damages.
172.	Prospective loss.
172a.	Future effects of personal injury.
173.	Gain prevented -- profits.
174.	Allowance for profits, how regulated.
175.	Early cases.
176.	Profits recoverable if proximate, natural and certain.
177.	General rule.
178.	Cases of entire loss do not fall within the rule.
179.	Gain expected from the use of money.
180.	Loss through injury to capacity for labor.
180a.	Probable future increase of capacity.
181.	Personal injury resulting in loss of business.
182.	Profits of an established business.
182a.	Uncertain profits of an established business.
182b.	Profits of an unlawful business.
183.	Of a new business.
184.	Damages for obstructing the use of land.
185.	Failure to give possession of real estate.
186.	Failure to put a structure on land.
187.	Loss of use of a road or bridge.
188.	Damages for wrongful eviction.
189.	Loss of the use of business premises.
190.	Injury to machinery.
191.	Injury to crop.
192.	Profits of a contract.
193.	Contracts for a share in the profits of a business.
193a.	Agency commission contracts.
193b.	Contracts in restraint of trade or competition.
194.	Collateral profits.
195.	Loss of use of personal property.
196.	Loss of use of a vessel.
197.	Profits expected from a sale of goods.
198.	Profits included in the market price.
199.	Profits expected from the manufacture of raw material.
200.	From competition or speculation. Value of a chance.
CHAPTER X. AVOIDABLE CONSEQUENCES, 385
I. Avoidable Consequences not Recoverable
201	Plaintiff cannot recover for avoidable consequences.
202.	Reason of the rule.
203.	Different from the rule of contributory negligence.
204.	The rule of general application
205.	Application of the rule to contacts generally.
206.	Contracts for personal services.
207.	Employment of different kind.
208.	duty to seek employment does not arise in all contracts.
208a.	Replacement in the market.
209.	Landlord's agreement to repair.
210.	Tenant's agreement to make repairs.
211.	Failure to furnish freight or cargo.
212.	Contracts of carriage.
212a.	Telegraph companies.
212b.	Defects in goods supplied or work done.
213.	Use of property or materials left on hand.
214.	Actions of tort.
214a.	Actions for personal injury.
214b.	For injury to real estate.
214c.	For destruction of fences.
215.	For obstruction of ways.
216.	Actions of replevin.
217.	Statutory damages -- Eminent domain.
II. Limitations
218.	Limits of the rule.
219.	Plaintiff not called upon to take unreasonable steps to avoid loss.
220.	Rule does not require impossibilities.
221.	Amount of care required.
221a.	What care is reasonable.
221b.	Reasonable care in case of personal injury.
222.	Reparation offered by defendant.
223.	Plaintiff's knowledge -- Notice.
224.	Plaintiff need not anticipate wrong.
225.	Plaintiff cannot be called on to commit a wrong.
226.	Defendant prevents plaintiff from preventing consequences.
III. Recovery of Expense of Avoiding Loss
226a.	Rule sometimes results in enhancing damages.
226b.	Expenses of avoiding consequences recoverable.
226c.	Expenses of following and recovering property.
226d.	Expenses of repairing or redressing the injury.
226e.	Expenses of perfecting title.
226f.	Expense of medical and surgical injury.
226g.	Expense of procuring a substitute.
226h.	Substitute better than the original article.
226i.	Personal efforts to avoid loss.
226j.	Injury suffered in attempt to avoid.
226k.	Only reasonable expense recoverable.
226l.	Reasonableness of the expense.
226m.	Reasonableness of the means selected.
226n.	Repairs not worth while.
226o.	Necessity of payment before recovery.
IV. Proof of Avoidable Consequences
227.	Burden of proof.
228.	Court and jury.
CHAPTER XI. REPLACEMENT, 450
228a.	Connection of replacement with the rule of avoidable consequences
228b.	Replacement not a duty
228c.	Possible cases of replacement
228d.	Contracts for carrying stocks on a margin
228e.	The measure of damages in stock-carrying contracts
228f.	Non-speculative stock contracts.
228g.	Contracts for purchase and sale of chattels.
228h.	connection of this subject with the rule of higher intermediate value.
228i.	Proof of replacement.
CHAPTER XII. EXPENSES OF LITIGATION, 463
229.	Expense of carrying on a suit not compensated.
230.	Reason of the rule.
231.	Civil and old common law.
232.	Rule in actions of contract.
234.	In cases of aggravation -- Exemplary damages.
235.	Patent and admiralty cases.
235a.	Other actions.
236.	Expenses of a prior litigation.
237.	Expenses of dissolving injunction or discharging attachment.
238.	Covenants and contracts of warranty or indemnity.
239.	Notice of prior suit.
240.	Implied warranty of authority.
241.	Plaintiff subjected to suit through defendant's tort.
241a.	Former litigation must have been reasonable.
241b.	Expenses incurred in other forms of litigation.
CHAPTER XIII. THE MEASURE AND ELEMENTS OF VALUE, 489
242.	Value in general.
243.	Fundamental rule of value.
243a.	Value not dependent on intendent user or price.
243b.	Value of use of vessel or vehicle.
243c.	Value of land subject to easement or other hindrance to use.
244.	Market value.
245.	Market value how determined.
246.	Value in the nearest market.
247.	Cost of transportation -- Allowance for profit.
248.	Property in process of manufacture.
248a.	Wholesale and retail value.
249.	Market value artificially enhanced.
250.	No market value.
251.	Peculiar value to the owner
251a.	Sentimental value -- Patium affectionis
252.	Special value for a particular use.
253.	Possible future uses.
254.	Value of good will.
254a.	Fixtures.
255.	Time and services.
256.	Chouses in action--Bills, notes and checks.
257.	Bonds and shares of stock.
258.	Other securities for the payment of money.
259.	Policies of insurance.
260.	Other sealed documents.
261.	Documents.
262.	Title-deeds.
263.	Life.
264.	Money.
265.	Illegal and noxious property.
CHAPTER XIV. MEDIUM OF PAYMENT, 529
266.	Primitive substitutes for money
267.	Medium in which a payment may be made
268.	Adoption of a new standard of value.
269.	Adoption of a new legal tender -- Double standard.
270.	Contract payable in gold.
271.	Form of judgment on a contract payable in gold.
272.	Actions of tort for the loss of gold.
273.	Contract payable in foreign currency.
274.	Contract payable in a foreign country in currency of that country.
275.	Exchange.
276.	contract payable in bills, notes, stock, and other securities.
277.	Rule varied by principle of estoppel.
278.	Confederate States money.
279.	Commodities as a medium of payment.
279a.	No distinction on principle between a commodity and any other medium of payment.
279b.	Contracts regarded simply as agreements for the sale or delivery of specific articles.
279c.	Option to discharge indebtedness in commodities at a rate or price fixed.
280.	Where no rate is fixed.
281.	Alternative contracts -- Liquidated damages -- Rule of least beneficial alternative.
CHAPTER XV. INTEREST, 551
282.	What interest is.
I. English Law
283.	Origin of the allowance of interest.
284.	English law -- Rule laid down by Lord Mansfield
285.	Time of payment indefinite.
286.	English law -- Fraud.
287.	Mercantile securities
288.	Contract, express or implied.
289.	Interest by statute -- Discretionary power of jury.
290.	By way of damages for detention of money.
291.	Result of the English cases.
II. American Law
292.	Differences between English and American law.
293.	Interest as damages -- Frequently regulated by statute.
294.	Money vexationaly withheld -- Statutory rule
295.	Allowance and amount of interest formerly matter for the jury.
296.	Now usually a question of law.
297.	Gradual extension of principles allowing interest as matter of law.
298.	Interest by custom.
A. Liquidated Demands
299.	Liquidated and unliquidated demands.
300.	Unsatisfactory character of the test.
301.	Liquidated demands -- General rule.
301a.	Stockholders' liability.
301b.	Contracts for the sale of land.
301c.	Legacies.
302.	Time from which interest runs.
302a.	Interest on money payable on demand.
303.	Money illegally acquired or used.
304.	Money paid out for the defendant.
305.	Money had and received by the defendant.
306.	Money received or retained by mutual mistake.
307.	Rent -- Distraint.
308.	Sale of goods at a fixed price.
308a.	Work and labor done for a fixed price.
309.	Demand prevented by defendant's act.
310.	Simple running account.
310a.	Partnership accounts.
311.	Balance of a mutual account.
311a.	Interest by a fiduciary.
311b.	Executor or administrator.
311c.	Trustee.
311d.	Guardian.
311e.	Agent.
311f.	Receiver or assignee of insolvent estate.
B. Unliquidated Demands
312.	Unliquidated damages in actions of contract.
313.	Damages capable of computation -- New York rule.
313a.	Failure to deliver goods.
314.	Demand for settlement or payment.
314a.	Duty to liquidate claim.
314b.	Amount payable subject to reduction by unliquidated sum.
315.	General conclusion.
316.	Interest in actions of tort.
317.	Value of property destroyed or converted.
318.	Property destroyed by negligence.
319.	Change of judicial opinion in favor of interest.
320.	The rule in Pennsylvania.
321.	In Massachusetts.
322.	In the Supreme Court of the United States.
323.	Interest in patent suits.
324.	Interest in admiralty.
C. Rate of Interest
324a.	Rate of interest.
325.	Interest on overdue paper -- Contract and statute rate.
326.	Conflict of authority.
327.	Rules in the Supreme Court of the United States.
328.	Conflict of decisions in Indiana.
329.	General conclusion.
330.	Expressed intention always governs.
331.	Stipulation for a higher rate after maturity.
D. Interest in Special Cases
331a.	Property taken by eminent domain.
332.	Interest on taxes.
333.	On fines and penalties.
334.	On judgments.
335.	Between verdict and judgment.
336.	In error.
337.	Municipal corporations.
338.	The State.
E. Relief from Payment of Interest
339.	Interest after payment of the principal.
339a.	Effect of partial payments upon interest.
340.	Laches or fault of creditor.
340a.	Death or insolvency.
340b.	Tender.
340c.	War.
341.	Legal process.
342.	Interest not affected by intent.
F. Compound Interest.
343.	Compound interest not originally allowed.
344.	Except by mercantile custom, or for fraud.
345.	Interest on arrears of stipulated interest.
346.	Interest on coupons or other separable obligations of interest.
CHAPTER XVI. EXEMPLARY DAMAGES, 686
347.	Meaning of the term.
348.	Origin of the doctrine of exemplary damages.
349.	Original position of the jury in the assessment of damages.
350.	Development of the theory of exemplary damages.
351.	History of the doctrine in America.
352.	American cases.
353.	Objections to the doctrine.
354.	The rule established by authority and convenience.
355.	Exemplary damages in other systems of law.
356.	Exemplary damages and damages for mental suffering.
357.	Exemplary damages in addition to compensatory.
358.	In some States exemplary damages are not awarded.
359.	In some States, exemplary damages, so called, are in fact compensatory
360.	In most jurisdictions exemplary damages are given for punishment.
361.	Exemplary damages not allowed without actual loss.
362.	Survival of exemplary damages.
363.	Exemplary damages are allowed only for willful, wanton, or aggravated wrong.
363a.	Exemplary damages allowed for aggravating circumstances.
364.	Exemplary damages for malice.
365.	For oppression, brutality, or insult.
366.	For wantonness of injury.
367.	For fraud.
368.	For gross negligence.
369.	Circumstances preventing the allowance of exemplary damages.
370.	Exemplary damages not allowed in actions of contract.
371.	Not recoverable in equity.
371a.	In actions against public service companies.
372.	In actions for personal injury.
373.	For injury to real estate.
373a.	For injury to personal property.
374.	In actions of trover.
375.	Of replevin.
376.	For loss of service.
377.	Exemplary damages for defamation.
377a.	Exemplary damages in statutory actions.
377b.	Exemplary damages because of judicial act.
378.	Liability of a principal to exemplary damages for the act of his agent or servant.
379.	Of a corporation for acts of agents.
380.	For acts of servants.
380a.	Ratification or approval by the master.
380b.	For acts of municipal corporations.
381.	For acts of an officer.
382.	For acts of one of two joint defendants.
383.	Mitigation -- Want of malice.
383a.	Good faith.
383b.	Advice of counsel.
383c.	Belief of right: Mistake.
384.	Provocation.
384a.	Aggravation.
385.	Exemplary damages as affected by the pecuniary condition of the defendant.
386.	Exemplary damages for injuries which are also crimes.
387.	Relations of court and jury in awarding exemplary damages.
388.	Power of the jury over the amount of exemplary damages -- Power of the court.
CHAPTER XVII. LIQUIDATED DAMAGES, 757
389.	Amount of damages stipulated by the parties.
390.	Refusal of courts to enforce a penalty.
391.	Liquidated damages and penalty.
392.	Classification of the subject.
393.	General observations.
394.	Early English cases.
395.	Decisions in the Court of Chancery.
396.	Lowe v. Peers.
397.	Fletcher v. Dyche.
398.	Leading cases -- Astley v. Weldon.
399.	Kemble v. Ferres
400.	Early New York cases.
401.	Dakin v. Williams.
402.	Taylor v. Sandford
403.	Streeper v. Williams.
404.	Bagle v. Peddie.
405.	General rule.
406.	Intent of the parties.
407.	The liquidation must be reasonable.
408.	Language not conclusive -- Rule in case of doubt.
408a.	Breach of contract necessary.
409.	Rules of interpretation.
410.	Penal sum collateral to object of contract.
411.	Stipulated sum for non-payment of smaller sum.
411a.	Stipulated sum obviously greater than the damage.
412.	Stipulated sum not proportioned to injury.
413.	One sum stipulated for breach of contract securing several things.
414.	Deposit and advance payments to be forfeited on default.
415.	Contracts performed in part.
416.	Stipulated sum in liquidation of uncertain damage
416a.	Forfeiture to State or city to secure contract of public interest.
417.	Breach of contract of sale.
418.	Of agreement not to carry on business.
419.	For delay in completing performance.
420.	Stipulations to evade the usury laws.
420a.	Valuation and pre-ascertainment.
420b.	The canons of interpretation in the light of recent cases
420c.	Stipulated damages and avoidable consequences.
421.	Alternate contract. Rule of least beneficial alternative.
422.	Deverill v. Burnell.
423.	Ordinary rule.
424.	Alternative contracts and liquidated damages.
424a.	General conclusions -- The "Abnegated Option"
425.	Stipulation of damages strictly construed.
426.	Consequences of liquidating damages.
426a.	Statutory regulations of liquidated damages.
427.	Civil law.
CHAPTER XVIII. TORTIOUS INJURIES TO PERSONAL PROPERTY, 827 CHAPTER XIX. MALICIOUS TORTS, 856 CHAPTER XX. PERSONAL INJURY, 911 CHAPTER XXI. ACTIONS FOR THE CONVERSION OF PERSONAL PROPERTY, 944 CHAPTER XXII. HIGHER INTERMEDIATE VALUE, 991 CHAPTER XXIII. ACTIONS FOR THE RECOVERY OF SPECIFIC PERSONAL PROPERTY, 1029 CHAPTER XXIV. ACTIONS AGAINST OFFICERS, 1053 CHAPTER XXV. ACTIONS FOR THE DEATH OF A HUMAN BEING, 1093 CHAPTER XXVI. DAMAGES IN ADMIRALTY, 1134 CHAPTER XXVII. DAMAGES IN ACTIONS ON CONTRACTS, 1159 CHAPTER XXVIII. BREACH OF PROMISE OF MARRIAGE, 1272 CHAPTER XXIX. CONTRACTS OF CONSTRUCTION, 1289 CHAPTER XXX. IMPLIED OR QUASI CONTRACTS, 1307 CHAPTER XXXI. CONTRACTS OF SERVICE, 1339 CHAPTER XXXII. ACTIONS UPON BONDS, 1378 CHAPTER XXXIII. ACTIONS UPON NEGOTIABLE INSTRUMENTS, 1465 CHAPTER XXXIV. CONTRACTS OF INSURANCE, 1485 CHAPTER XXXV. ACTIONS UPON CONTRACTS OF SALE OF PERSONAL PROPERTY, 1528 CHAPTER XXXVI. ACTIONS UPON CONTRACTS OF INDEMNITY, 1638 CHAPTER XXXVII. ACTIONS INVOLVING AGENCY, 1685 CHAPTER XXXVIII. ACTIONS BY AND AGAINST CARRIERS, 1739 CHAPTER XXXIX. ACTIONS AGAINST TELEGRAPH AND TELEPHONE COMPANIES, 1808 CHAPTER XL. ACTIONS FOR POSSESSION OF REAL PROPERTY, 1854 CHAPTER XLI. WRONGFUL INTERFERENCE WITH REAL PROPERTY, 1898 CHAPTER XLII. ACTIONS UPON REAL COVENANTS, 1965 CHAPTER XLIII. ACTIONS BETWEEN LANDLOARD AND TENANT, 2044 CHAPTER XLIV. ACTIONS ARISING FROM THE SALE OF REAL ESTATE, 2090 CHAPTER XLV. SET-OFF AND RECOUPMENT OF DAMAGES, 2151 CHAPTER XLVI. ENGLISH STATUTES OF EMINENT DOMAIN, 2209 CHAPTER XLVII. STATUTES OF EMINENT DOMAIN IN THE UNITED STATES, 2241 CHAPTER XLVIII. THE ALLOWANCE OF BENEFITS, 2293 CHAPTER XLIX. GENERAL CONSIDERATIONS UNDER STATUTES OF EMINENT DOMAIN, 2348 CHAPTER L. ELEMENTS OF COMPENSATION UNDER STATUTES OF EMINENT DOMAIN, 2396 CHAPTER LI. NEW YORK STATUTES OF EMINENT DOMAIN, 2460 CHAPTER LII. SUITS FOR INFRINGEMENT OF PATENTS, COPYRIGHTS, AND TRADE-MARKS, 2517 CHAPTER LIII. DAMAGES UNDER THE CIVIL DAMAGE STATUTES, 2561 CHAPTER LIV. DAMAGES IN EQUITY, 2579 CHAPTER LV. PLEADING AND PRACTICE, 2588 CHAPTER LVI. EVIDENCE, 2623 CHAPTER LVII. COURT AND JURY, 2652 CHAPTER LVIII. EXCESSIVE OR INADEQUATE DAMAGES, 2667 CHAPTER LIX. THE CONFLICT OF LAWS, 2758 TABLE OF CASES, 2769 INDEX 3067

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