The Scots Law TimesC.E. Green & Son, Limited, 1893 - Law |
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Page 15
... damages where the claim was one for solatium alone , and only two where the claim had been for pecuniary damage . The Court were slow to interfere with the amount determined by a jury . Here the jury might have regarded the statement of ...
... damages where the claim was one for solatium alone , and only two where the claim had been for pecuniary damage . The Court were slow to interfere with the amount determined by a jury . Here the jury might have regarded the statement of ...
Page 199
... damages based on solatium is a substantive and independent jus actionis and not a mere head or item of damages ; ( 2 ) that if the lex loci delicti does not recognise such a right , the Court of the forum is debarred from awarding damages ...
... damages based on solatium is a substantive and independent jus actionis and not a mere head or item of damages ; ( 2 ) that if the lex loci delicti does not recognise such a right , the Court of the forum is debarred from awarding damages ...
Page 201
... damages is merely an accessory to or consequent of the principal matter , namely , some jus actionis . Without such a jus it cannot arise , for there is nothing to which it can attach . 66 On principle , accordingly , the pursuer's case ...
... damages is merely an accessory to or consequent of the principal matter , namely , some jus actionis . Without such a jus it cannot arise , for there is nothing to which it can attach . 66 On principle , accordingly , the pursuer's case ...
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1ST DIV 2ND DIV accordingly action Agents agreement amount annuity appears applied arbitrator Argued argument Assessor averments betting burgh certificate certifying surgeon circumstances claim clause compensation contract counsel County Council Court of Session damages decision defenders disablement duty effect entitled expenses fact forfeiture Glasgow granted heritors House House of Lords income inter alia interlocutor intestacy judgment jury land Lands Valuation Scotland last employer Leith Hospital liability Local Government Scotland Lord Justice-Clerk Lord Ordinary Lord President Lordship manse maill matter medical referee ment November nystagmus opinion payable payment person petitioners present provisions purpose pursuer question Railway reason reclaiming note referred regard rent respect respondent revenue road Scotland Sheriff Court Sheriff-Substitute shew statute statutory Summary Jurisdiction Scotland supra Teind tenant terce testator third party tion trustees ultra vires Valuation vehicle words workman