CAUSE,-continued.

results not foreseen, 43.

liability for results turns on duty, 43, 44.
intervention of human agency, 44, 45, 375-384.
CERTAINTY,

required in representations, 56.
CHARITABLE CORPORATIONS,
liability of, for tort, 33.

'CHEAT,'

charge of being a, 145, note.

CHILDREN,

negligence of, 382-384.

CIRCUITY OF ACTION,

avoidance of, 339, 343.

CLERK OF COURT,

improper writ issued by, 192, 195, 197.

COMBINATION,

whether to combine is to use 'means,' 107-110.

power to do what a single person might not be able to do, 107, 109.
in patents, 252, 253.

COMMON CARRIER,

general duties of, 314.

COMPARATIVE NEGLIGENCE,

meaning of, 375.

COMPETITION,

justification of, in actions for interfering with contract, 110.
CONCEALMENT,

CONTRACT,-continued.

motive, 106.

malicious hindrance of business, 112.
procuring breach of contract, 113-122.

in cases of master and servant, 113-117.
what must be proved, 114.

Statute of Labourers, 114, note.
notice, 115.

harbouring, 116.

in cases of gratuitous service, 116, 117.

in cases of contract in general, 117-122.

performance of contract not begun, 118.

objections to the right of action in general, 119-121.
unenforceable contract, 122.

meaning of possession, 233.

what constitutes conversion, 233-244.

usurping ownership, 233.

distinction between trespass and conversion, 233.

sale without authority, 234.

knowledge of title, 234, 235.

effect of fraud in sale, 235, 236.

purchase for value without notice, 235, 236.

sale with right of repurchase, 236.

conditional sale, 236.

sale of pledge, 237.

sale of qualified interest, 237, 238.

sale of part, 238, 239.

permitting another to sell one's goods, 239.

appropriating article to use not intended, 239.

injury of chattel, 240.

mere assertion of dominion, 240, 241.

converting to use of third person, 241, 242.

intention to convert, 241.

conversion between cotenants, 242.

demand and refusal, 243, 244.

refusal only prima facie evidence of conversion, 244.

COPYRIGHT,

statutory provisions, 255–257.

creation of statute, 257.

registration, 257.

what may be copyrighted, 258-260.

' author,' 259.

translations, 259.

what belongs to authors, 260.

headnotes of cases, 260.

special damage, when and when not to be proved, 26.

mental suffering, 26, 27, 127, 141.

in deceit, 73, 74.

in slander of title, 78, 79.

in malicious prosecution, 96, 97.

in procuring refusal to contract, 105.

in procuring breach of contract, 113, 122.

in seduction, 125, 127.

in slander, 136, 140-142.

in assault and battery, 168, 169, 172, 174, 180.

in false imprisonment, 183.

in trespass, 204, 206, 218.

in conversion, 228, 229, 240.

in infringements of patents and copyrights, 245, 252, 260, 261, 262.

in violation of rights of support, 265, 266-268.

in violation of water rights, 275, 277.

in nuisance, 281, 283, 286-291.

by animals, 292-295.

in escape of dangerous things, 296, 298.

in negligence, 169, note, 174, 305, 306.

DANGEROUS THINGS, ESCAPE OF,

nature of protection required against, 296–300.
use of land in ordinary way, 296-298.

mines and reservoirs, 297, 298.

damage by vis major or act of God, 298, 299.
legislative authority, 299.

American law, 300, 301.

DEATH,

not settled, 300.

points in, 300, 301.

actio personalis moritur cum persona, 45, 46, 181, 182.
of either party terminates liability, 45, 46.

DECEIT,

except in what cases, 46.

elements of action for, 5, 52.

the representation, 52-63.

definition of 'representation,' 52.

how representation differs from warranty, 52, 53.
warranty treated as representation, 53, 54.

representation requires a statement or an act, 54.
silence, 54, 55.

concealment, 54, 55.

acts accompanying silence, 55.

representation should create a clear impression, 56.
language not necessary, 56.

difference between vagueness and ambiguity, 56, 57.

interpretation of language, 57, 63.

impression of fact required, 57, 58.

opinion involves fact, 58.

false opinion may be actionable, 58, 59.

prediction, 59.

misleading contrast between fact and opinion, 59.

statements must be sufficient to influence conduct, 59, 60.

statements of value, 59, 60.

statements of income, 60.

statements concerning a man's pecuniary condition, 60.

representation of law, 60, 61.

taking advantage of ignorance of law, 61.

materiality, 62.

falsity, 62, 63.

literal sense of words, 63.

defendant's knowledge of falsity, 64-66.

honest statement of fact generally not actionable, 64.

negligence not enough, 64.

matters within the party's peculiar means of knowledge, 65, 66.
representations by agents concerning their authority, 65, 66.

representations by directors of corporations, 66.

what creates duty to know, 66.

ignorance of the plaintiff, 67–71.

knowledge of facts by plaintiff fatal to action, 67.

belief in defendant's statements, 67.

means of knowledge, 67-70.

necessity of reading contract, 68.

fraudulent misreading, 69.

prudence disarmed by misrepresentation, 69.

making investigation, 69.

negligence of party deceived, 69.

concealment from him, 70.

sale with faults, 70.

parties not on equal footing, 70, 71.

B. T.

26

DECEIT,-continued.

intention that representation should be acted on, 71-73.
when to be expressly shown, 71, 72.

in bargains between plaintiff and defendant, 72.
intent to injure not necessary, 72.

acting on representation, 73, 74.
damage, 73, 74.

preventing one from attaching property, 73, 74.
when plaintiff entitled to act on representation, 74.
kindred wrongs: quasi-deceit, 75-77.

trademarks and trade names, 75, 76, 77, note.
wrongful use of business sign, 76, 77.
DEFAMATION. (See SLANDER AND LIBEL.)
DEGREES OF NEGLIGENCE,

Roman law, 315, 316, note.

English law, 315-318.

DEMAND AND REFUSAL,

when necessary to constitute conversion, 243, 244.
DETENTION,

of prisoner by officer, 188, 189.

DIGESTS,

when infringements of copyright, 263, 264.

DIRECTORS OF CORPORATION,

misrepresentations by, 66.

liability of, for negligence, 329, 330.

DIRECTORS' LIABILITY ACT, 64, note, 65, note, 66, note.
'DISCOVERY,'

in patent law, 251.

DISEASE,

legal duty, 11-25.

tort on the side of, 11, 12.

legal duty, how created, 12.

obvious breaches of such duty, 12.

legal duty explained, 12, 13.

division of legal duty, 13, 14.

complete and provisional breaches of duty, 13, 14.

intention and negligence touching duty, 14.
divisions named, 14.