Commentaries on the Law of Torts: A Philosophic Discussion of the General Principles Underlying Civil Wrongs Ex Delicto, Band 1

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Bancroft-Whitney, 1903

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Civil remedy not suspended 10 Tort how committed
13
Right of Personal Security
18
Rights in personam and in
20
LIABILITY OF PERSONS AS AFFECTED BY STATUS 21 Normal tortfeasor
21
InfantsPrinciples governing their liability
22
Same continuedCapacity to commit torts involving malice
23
Liability of infant for tort arising out of or connected with
24
SPECIFIC WRONGSTO PROPERTY RIGHTSBY
34
contractsGeneral doctrine stated 25 Same continuedContracts of bailmentConversion or un skillful management 26 Same continuedLiability for con...
39
Infants liability for tort committed under command or duress 31 Infants liability for torts of agents 32 Contracts of infant in settlement of torts 33 L...
40
Same continuedKind of damages that may be assessed
75
Husband and wife Joint liability
76
CHAPTER IV
77
CHAPTER V
120
PartnershipLiability for torts
141
PartnersJoint liability
142
Joint liability of attorney and client
147
Joint liability of officer and deputyPrinciples of substantive liability
149
Same continuedIs there a joint liability?
153
CHAPTER VI
156
CHAPTER VII
173
As Affected by Duty to Public 8
213
Kind of care required to avoid negligence
247
Ordinary care definedWhen exacted
248
Standard of duty how fixed
249
As Affected by Relation to Injured
250
CHAPTER X
295
Liability of Persons in Official Relations
345
CHAPTER XII
369
CHAPTER XIII
383
Township officers
414
CHAPTER XV
420
PART THREE SPECIFIC WRONGS WITH FORCE ABSOLUTE RIGHTS OF PERSONS A PERSONAL SECURITY 190 Explanatory
438
CHAPTER XVI
440

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Seite 21 - All men are by nature free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty; acquiring, possessing, and protecting property; and pursuing and obtaining safety- and happiness.
Seite 346 - Government is instituted for the common good ; for the protection, safety, prosperity, and happiness of the people; and not for the profit, honor, or private interest of any one man, family, or class of men...
Seite 546 - If the right of recovery in this class of cases should be once established, it would naturally result in a flood of litigation in cases where the injury complained of may be easily feigned without detection, and where the damages must rest upon mere conjecture or speculation. The difficulty which often exists in cases of alleged physical injury, in determining whether they exist, and, if so, whether they were caused by the negligent act of the defendant, would not only be greatly increased, but a...
Seite 221 - Property does become clothed with a public interest when used in a manner to make it of public consequence and affect the community at large. When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created.
Seite 434 - ... judges of courts of superior or general jurisdiction are not liable to civil actions for their judicial acts, even when such acts are in excess of their jurisdiction, and are alleged to have been done maliciously or corruptly.
Seite 514 - If a person undertakes to do an act or discharge a duty by which the conduct of others may properly be regulated and governed, he is bound to perform it in such manner that those who...
Seite 751 - Defamatory words falsely spoken of a person, which impute to the party unfitness to perform the duties of an office or employment of profit, or the want of integrity in the discharge of the duties of such an office or employment. (4) Defamatory words falsely spoken of a party which prejudice such party in his or her profession or trade. (5) Defamatory words falsely spoken of a person, which, though not in themselves actionable, occasion the party special damage.
Seite 302 - On the other hand, the relation of master and servant exists whenever the employer retains the right to direct the manner in which the business shall be done, as well as the result to be accomplished, or, in other words, "not only what shall be done, but how it shall be dona
Seite 633 - The primary purpose of streets is use by the public for travel and transportation, and the general rule is that any obstruction of a street or encroachment thereon which interferes with such use is a public nuisance.
Seite 349 - The officer is distinguished from the employee in the greater importance, dignity and independence of his position; in being required to take an .official oath, and perhaps to give an official bond; in the liability to be called to account as a public offender for misfeasance or nonfeasance in office, and usually, though not necessarily, in the tenure of his position.

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