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First, the Plaintiff cannot recover exemplary damages unless he is the victim of the punishable behaviour. The anomaly inherent in exemplary damages would become an absurdity if a Plaintiff totally unaffected by some oppressive conduct which the jury wished to punish obtained a windfall in consequence.
On hearing the plaintiff trying to break in, he shot his gun through a hole in the shed, injuring the plaintiff. At first instance, the judge awarded damages on the basis that the defendant had used violence in excess of the reasonable limits allowed by lawful self-defence and was negligent to the standard of care expected of a reasonable man ...
"Every creditor coming in to prove under, and to take the benefit of, the English liquidation, must do so on terms of the English law of bankruptcy: he cannot be permitted to approbate and reprobate, to claim the benefit of that law, and at the same time insist on retaining as against it, any preferential right inconsistent with the equality of ...
Decided November 17, 1948; Full case name: Charles A. Summers v. Howard W. Tice, et al. Citation(s) 33 Cal.2d 80 199 P.2d 1: Holding; When a plaintiff suffers a single indivisible injury, for which the negligence of each of several potential tortfeasors could have been a but-for cause, but only one of which could have actually been the cause, all the potential tortfeasors are jointly and ...
The plaintiff can elect to either receive monetary damages equal to the entire value of the painting, or the plaintiff can ask the court to order the return of the stolen property (plus some minor amount of compensation for the suffering caused by its deprivation). However, the plaintiff cannot have both, and must therefore make an election of ...
United States v. Students Challenging Regulatory Agency Procedures (SCRAP), 412 U.S. 669 (1973), was a landmark decision of the United States Supreme Court in which the Court held that the members of SCRAP—five law students from the George Washington University Law School—had standing to sue under Article III of the Constitution to challenge a nationwide railroad freight rate increase ...
Tice, where the two defendants negligently shot in the direction of the plaintiff and two pellets caused the plaintiff's injury, one in the right eye and one in the upper lip. In the interest of justice, the innocent plaintiff's case is not defeated because he cannot prove which party was the actual cause (but-for cause) of his injury.
Champerty (from Old French champart) is the financial support, by a party not naturally concerned in the suit, of a plaintiff that allows them to prosecute a lawsuit on condition that, if it be brought to a successful issue, the plaintiff will repay them with a share of the proceed from the suit.