 The knowledge must be brought home to the party sought to be charged, under such circumstances that he must know that the person he contracts with reasonably believes that he accepts the contract with the special condition attached to it.  Cases on Measure of Damages - Page 252edited by - 1909 - 714 pagesFull view - About this book
 | New York (State). Court of Appeals, Erasmus Peshine Smith, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Joel Tiffany, Samuel Hand - Law reports, digests, etc - 1870 - 704 pages
...knowledge cannot increase the liability. The knowledge must be brought home to the party, and ought to be charged under such circumstances that he must...contract with the special condition attached to it." This element of contracting with reference to the contemplated damages must, injustice, exist in every... | |
 | John Dawson Mayne - Damages - 1872 - 564 pages
...that leads to the inevitable conclusion that the mere fact of knowledge cannot increase the liability. The knowledge must be brought home to the party sought...contract with the special condition attached to it. Several circumstances occur to one's mind in this case to show that there was no such knowledge on... | |
 | India - Contracts - 1878 - 710 pages
...and he quoted an observation of Willes, J., in British Columbia Saw Mills Company v. Nettleship (a), that " the knowledge must be brought home to the party...contract with the special condition attached to it." See also Die Elbinger ActienGesellscha/t v. Armstrong (b ), where the damages arising from a delay... | |
 | India, Charles Colin Macrae - Contracts - 1874 - 274 pages
...liability." The knowledge must be brought home to the party sought to be charged, under such circumstances that the person he contracts with reasonably believes...contract with the special condition attached to it. Of such a character is the case given in the illustration (I) to this section. The case put in illustration... | |
 | Victoria. Supreme Court - Law reports, digests, etc - 406 pages
...home to the party sought to be charged, under such circumstances that he must know that the person be contracts with reasonably believes that he accepts...contract with the special condition attached to it." ..." Knowledge on the part of the carrier is only important if it forms part of the contract. It may... | |
 | Nathaniel Cleveland Moak - Law reports, digests, etc - 1877 - 902 pages
...contract. I go further. I adhere to what I said in British Columbia Saw Mill Co. v. Netlleship (3), viz. that " the knowledge must be brought home to...ordinary course of things, the value of the shoes was 2s. 9<J. a pair at the time they were delivered to the defendants to be carried. There was no change in... | |
 | Judah Philip Benjamin - Sales - 1877 - 984 pages
...Nettleship, ante, § 874, by which the rule in Hadley v. Baxendale was to be taken with this qualification, that " the knowledge must be brought home to the party...contract with the special condition attached to it." (y) The judgment was affirmed in the exchequer chamber by Kelly C. B., Blackburn and Mellor JJ.,and... | |
 | Nathaniel Cleveland Moak - Law reports, digests, etc - 1877 - 1000 pages
...extraordinary damages. As Willes, J., says in British Columbia Saw 146] Mill Go. v. Nettleship (s), " the *knowledge must be brought home to the party sought...contract with the special condition attached to it." I think if the person delivering the shoes had said to the station master that he was under contract... | |
 | Law reports, digests, etc - 1919 - 2026 pages
...was said by Mr. Justice Willes in British Columbia Saw Mill Co. v. Nettleship, t. R. 3 CP 499, 508 : "The knowledge must be brought home to the party sought...contract with the special condition attached to It." In this case the special condition would be that defendant entered into the contract in question, knowing... | |
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