Cases on Torts: With Abstracts of Lectures Upon Several TortsHepbron and Haydon, 1915 - 555 Seiten |
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Seite 1
... obligations . Because the most gen- eral and most distinctive characteristic of this class of acts is that they are unlawful and injurious without regard to the existence of contractual relations , a tort is sometimes , rather roughly ...
... obligations . Because the most gen- eral and most distinctive characteristic of this class of acts is that they are unlawful and injurious without regard to the existence of contractual relations , a tort is sometimes , rather roughly ...
Seite 3
... obligations . This heterogeneous body of wrongs can- not be defined in terms which shall either include or exclude acts , or failures to act , crimes or behavior not criminal , moral delinquencies or conduct not morally culpable ...
... obligations . This heterogeneous body of wrongs can- not be defined in terms which shall either include or exclude acts , or failures to act , crimes or behavior not criminal , moral delinquencies or conduct not morally culpable ...
Seite 4
... obligation and has relation chiefly to the public char- acter of the function which he undertakes to perform . It results then , that , besides the obligation which the contract imposes on the carrier and which may afford cause for an ...
... obligation and has relation chiefly to the public char- acter of the function which he undertakes to perform . It results then , that , besides the obligation which the contract imposes on the carrier and which may afford cause for an ...
Seite 5
... obligations . The Parliamentary definition , while not absolutely accurate , is therefore fairly sufficient for most purposes of speech on the subject ; and it is , at any rate , useful as a point of departure for the further study of ...
... obligations . The Parliamentary definition , while not absolutely accurate , is therefore fairly sufficient for most purposes of speech on the subject ; and it is , at any rate , useful as a point of departure for the further study of ...
Seite 7
... . II . Independence of Contract . A contract is created by the act of the parties thereto ; the obligation to perform a contract is the result of a voluntary and express agreement ; and the breach of a contract is THE WRONGFUL ACT . 7.
... . II . Independence of Contract . A contract is created by the act of the parties thereto ; the obligation to perform a contract is the result of a voluntary and express agreement ; and the breach of a contract is THE WRONGFUL ACT . 7.
Andere Ausgaben - Alle anzeigen
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 defendant defendant's deliver duty entitled evidence fact false imprisonment felony guilty held horse imputation 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 principle probable cause proceedings proof proved proximate cause punishment purpose 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.