Cases on Torts: With Abstracts of Lectures Upon Several TortsHepbron and Haydon, 1915 - 555 Seiten |
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... constitutes a grievance for which the injured party may have redress by means of a civil action , brought by himself and for his own benefit , and brought in a court of common law . The tort may be also a crime , as assault and battery ...
... constitutes a grievance for which the injured party may have redress by means of a civil action , brought by himself and for his own benefit , and brought in a court of common law . The tort may be also a crime , as assault and battery ...
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... Constituting a legal injury , ( 4 ) Causing legal damage . I. The Wrongful Act or Omission . ( a ) Most torts are committed by active conduct , amounting to misfeasance or malfeasance . In some cases , however , the wrongful conduct is ...
... Constituting a legal injury , ( 4 ) Causing legal damage . I. The Wrongful Act or Omission . ( a ) Most torts are committed by active conduct , amounting to misfeasance or malfeasance . In some cases , however , the wrongful conduct is ...
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... constitutes a tort must , therefore , be one which is unlawful , as distinguished from immoral , and also one which is cognizable in a common law court , as distinguished from those things which are recognized as wrong in other courts ...
... constitutes a tort must , therefore , be one which is unlawful , as distinguished from immoral , and also one which is cognizable in a common law court , as distinguished from those things which are recognized as wrong in other courts ...
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... constitute a tort , which is distinct from the several violations of contractual obligation incident to the gen- eral purpose : Rich vs. Railroad Co. , infra . ( c ) Again , the same act may be at once the breach of a contract and the ...
... constitute a tort , which is distinct from the several violations of contractual obligation incident to the gen- eral purpose : Rich vs. Railroad Co. , infra . ( c ) Again , the same act may be at once the breach of a contract and the ...
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... constitute a legal injury , one which is an injury at com- mon law . This excludes , of course , all injuries which are either Only breaches of morality , and so not redressible by any kind of law ; or Those injuries for which the ...
... constitute a legal injury , one which is an injury at com- mon law . This excludes , of course , all injuries which are either Only breaches of morality , and so not redressible by any kind of law ; or Those injuries for which the ...
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Häufige Begriffe und Wortgruppen
action for malicious action of trespass actual damage alleged amount appear arrest assault assumpsit authority breach of contract brought this action carrier cause of action character charge circumstances claim committed common carrier common law conduct consequence constable constitute conversion court crime criminal damnum absque injuria declaration defamatory defendant defendant's deliver duty entitled evidence fact false imprisonment felony guilty held horse imputation indictment infra injury intention judge judgment jurisdiction jury justice justified King's Bench land liable libel LORD LORD ELLENBOROUGH magistrate maintain malicious prosecution matter ment moral negligence obligation offence officer opinion owner party peace person plaintiff plea possession present privilege probable cause proceedings proof proved proximate cause punishment question Railroad recover refused result rule servant sheriff slander special damage sued sufficient suit sustained tiff tion tort trespass trial trover unlawful verdict violation want of probable warrant words writ wrongful act
Beliebte Passagen
Seite 496 - A party is not to cast himself upon an obstruction which has been made by the fault of another, and avail himself of it, if he do not himself use common and ordinary caution to be in the right.
Seite 411 - ... a man who orders a work to be executed, from which, in the natural course of things, injurious consequences to his neighbor must be expected to arise, unless means are adopted by which such consequences may be prevented, is bound to see to the doing of that which is necessary to prevent the mischief, and cannot relieve himself of his responsibility by employing...
Seite 512 - We therefore think that, as there is fraud, and damage the result oi that fraud, not from an act remote and consequential, but one contemplated by the defendant at the time as one of its results, the party guilty of the fraud is responsible to the party injured.
Seite 59 - IT were infinite for the law to judge the causes of causes, and their impulsions one of another ; therefore, it contenteth itself with the immediate cause, and judgeth of acts by that, without looking to any further degree.
Seite 397 - It is a well-established principle of the common law that, in actions of trespass and all actions on the case for torts, a jury may inflict what are called exemplary, punitive or vindictive damages upon a defendant, having in view the enormity of his offence rather than the measure of compensation to the plaintiff.
Seite 432 - Besides, it appears to us, that the argument rests upon an assumed principle of responsibility which does not exist. The master, in the case supposed, is not exempt from liability because the servant has better means of providing for his safety when he is employed in immediate connection with those from whose negligence he might suffer ; but because the implied contract of the master does not extend to indemnify the servant against the negligence of...
Seite 363 - Secondly, fraud is proved when it is shown that a false representation has been made (1) knowingly, or (2) without belief in its truth, or (3) recklessly, careless whether it be true or false. Although I have treated the second and third as distinct cases, I think the third is but an instance of the second, for one who makes a statement under such circumstances can have no real belief in the truth of what he states.
Seite 415 - The servant is not bound to risk his safety in the service of his master, and may, if he thinks fit, decline any service in which he reasonably apprehends injury to himself...
Seite 501 - It appears to us that the proper question for the jury in this case, and, indeed, in all others of the like kind, is, whether the damage was occasioned entirely by the negligence or improper conduct of the defendant, or whether the plaintiff himself so far contributed to the misfortune, by his own negligence or want of ordinary and common care and caution, that, but for such negligence or want of ordinary care and caution on his part, the misfortune would not have happened.
Seite 247 - It is a maxim not to be disregarded, that general expressions, in every opinion, are to be taken in connection with the case in which those expressions are used. If they go beyond the case, they may be respected, but ought not to control the judgment in a subsequent suit when the very point is presented for decision.