Hand-book of the Law of Torts, Band 1West Publishing Company, 1895 - 1307 Seiten |
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Seite 6
... arise out of a state of facts of which a contract is an essential part . Indeed there is good authority for saying that when a contract is broken an action on the contract or an action on the tort for the breach of the duty imposed by ...
... arise out of a state of facts of which a contract is an essential part . Indeed there is good authority for saying that when a contract is broken an action on the contract or an action on the tort for the breach of the duty imposed by ...
Seite 22
... arise from a violation of a right or duty which the law prescribes , and which to a limited extent individuals may modify with respect to certain conventional or contractual relations which are entered into by agreement , or from the ...
... arise from a violation of a right or duty which the law prescribes , and which to a limited extent individuals may modify with respect to certain conventional or contractual relations which are entered into by agreement , or from the ...
Seite 24
... arise , not only out of certain conventional relations , but also out of a wider range of facts , of which a contract is an ele- ment , giving rise to a legal duty due from every man to his fellows , to respect the rights of property ...
... arise , not only out of certain conventional relations , but also out of a wider range of facts , of which a contract is an ele- ment , giving rise to a legal duty due from every man to his fellows , to respect the rights of property ...
Seite 27
... arise out of same transaction , and be united in same proceeding . Craft Refrigerating Mach . Co. v . Quinnipiac Brewing Co. , 63 Conn . 551 , 29 Atl . 76 . 90 Right to waive a tort and sue in assumpsit is subject to the limitation that ...
... arise out of same transaction , and be united in same proceeding . Craft Refrigerating Mach . Co. v . Quinnipiac Brewing Co. , 63 Conn . 551 , 29 Atl . 76 . 90 Right to waive a tort and sue in assumpsit is subject to the limitation that ...
Seite 35
... arise out of omission . " There is great distinction between an omission and an act done . " 120 is sometimes said that to avoid commission of a tort , " one needs only to forbear . " 121 But this is not strictly true , in the ordinary ...
... arise out of omission . " There is great distinction between an omission and an act done . " 120 is sometimes said that to avoid commission of a tort , " one needs only to forbear . " 121 But this is not strictly true , in the ordinary ...
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Handbook On the Law of Torts William Benjamin Hale,Edwin Ames Jaggard Keine Leseprobe verfügbar - 2018 |
Häufige Begriffe und Wortgruppen
14 South Adol agent Allen assault assumpsit authority Bank Barb Barn Boston breach cause of action charge Chicago City committed common law conduct Conn consent consequences contract contributory negligence Cooley corporation court defendant defendant's duty ex delicto Exch exemption false imprisonment fraud harm held liable husband independent contractor injury Iowa joint tort feasors Jones judgment judicial jury Law Rev libel malicious prosecution Mass master and servant Mees Metc Minn municipal N. J. Law N. Y. Supp negligence nuisance officer Ohio St owner P. R. Co party Pennsylvania Co plaintiff Post principle Q. B. Div Railroad Co railroad company Railway reason recover remedy representation result rule slander Smith statute Tenn third person Thomp tion trespass vide violation Wend wife wrong wrongdoer
Beliebte Passagen
Seite 573 - ... where one by his words or conduct wilfully causes another to* believe in the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Seite 113 - The principle to be deduced from all these cases is that, as a consequence of the absolute independence of every sovereign authority, and of the international comity which induces every sovereign State to respect the independence and dignity of every other sovereign State, each and every one declines to exercise by means of its courts any of its territorial jurisdiction over the person of any sovereign or ambassador of any other State, or over the public property of any State which is destined to...
Seite 41 - But where, besides the crime, property is acquired which benefits the testator, there an action for the value of the property shall survive against the executor. As, for instance, the executor shall not be chargeable for the injury done by his testator in cutting down another man's trees, but for the benefit arising to his testator for the value or sale of the trees he shall.
Seite 374 - The question always Is: Was there an unbroken connection between the wrongful act and the inJury — a continuous operation? Did the facts constitute a continuous succession of events so linked together as to make a natural whole, or was there some new and independent cause Intervening between the wrong and the injury?
Seite 322 - And the said records and exemplifications, authenticated as aforesaid, shall have such faith and credit given to them in every court and office within the United States, as they have by law or usage in the courts or offices of the state from whence the same are or shall be taken.
Seite 98 - So, in every case, where a statute enacts, or prohibits a thing for the benefit of a person, he shall have a remedy upon the same statute for the thing enacted for his advantage, or for the recompense of a wrong done to him contrary to the said law.
Seite 563 - I conceive, that, if a man, having no knowledge whatever on the subject, takes upon himself to represent a certain state of facts to exist, he does so at his peril; and, if it be done either with a view to secure some benefit to himself, or to deceive a third person, he is in law guilty of a fraud, for, he takes upon himself to warrant his own belief of the truth of that which he so asserts.
Seite 567 - 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. To prevent a false statement being fraudulent there must, I think, always be an honest belief in its truth.
Seite 41 - If it is a sort of injury by which the offender acquires no gain to himself at the expense of the sufferer, as beating or imprisoning a man, etc., there, the person injured has only a reparation for the delictum in damages to be assessed by a jury. But where, besides the crime, property is acquired which benefits the testator, there an action for the value of the property shall survive against the executor.
Seite 300 - That it is not just and reasonable in the eye of the law for a common carrier to stipulate for exemption from responsibility for the negligence of himself or his servants.