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See Also:
- DAMAGES - Measure of Damages - Measure of damages in an action for conversion
"Whereas an action for damages in detinue considers a return of the res in species, an action for damages for conversion relates to the pecuniary damages only. In General and…
- DAMAGES - Assessment of Damages - Assessment of damages in an action for detinue
"For in Rosenthal v. Alderton & Sons Limited (1946) (1946) 1 K.B 374 at 377, the Court of Appeal in England said "In an action of detinue the value of…
- INTERPRETATION OF STATUTES: Application of Provisos and Miscarriages of Justice
"The Court must carefully consider the application of statutory provisos that allow for the upholding of a conviction despite procedural or substantive errors, particularly in situations where the misapplication of…
- EVIDENCE - Estoppel - Conditions for the application of estoppel
"In civil cases, before this principle is applied, the res (the subject matter) in contention must be the same; the issue, and the parties the same, in the new case…
- INTERPRETATION OF STATUTE - RULES OF INTERPRETATION OF STATUTE - Guiding principles in interpretation of statutes
"... Lord Campbell L.C. said in Liverpool Borough Bank v. Turner (1860) 2 De G.F. & 1502 at pp. 507 and 508- "It is the duty of Courts of justice…