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THE LAW OF TORTS

London: C. J. CLAY AND SONS, CAMBRIDGE UNIVERSITY PRESS WAREHOUSE,

AVE MARIA LANE,

AND

STEVENS AND SONS, LIMITED,

119 AND 120, CHANCERY LANE.

Glasgow : 50, WELLINGTON STREET.

Leipzig: F. A. BROCKHAUS. New York: THE MACMILLAN COMPANY. Bombay & Calcutta: MACMILLAN & CO., LTD.

(All Rights reserved.]

BY

MELVILLE MADISON BIGELOW

PH.D. HARVARD

SECOND EDITION

CAMBRIDGE

at the University Press

1903

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PREFACE TO THE SECOND EDITION

THE

THE author's aim has changed somewhat since the first

edition of this work was published. The book was originally written for the beginner; it is now intended as well for the advanced student, whether in the Law School or at the Bar. Hence (1) the substitution of the more complete statement of General Doctrine at the beginning for the slight Introduction of the first edition, (2) an extension of the text generally, and (3) a larger working equipment of notes.

Some rearrangement too of chapters, or parts of chapters, has been found necessary either by recent decisions or by further experience in teaching. This is particularly true of the chapters dealing with interferences with Contract, and the long chapter on Negligence.

It is proper to repeat what was said in the Preface to the first edition, that “The end in view is sought by presenting and considering three or four fundamental duties, in which are found the elements of the law of Torts. These are (1) the duty to refrain from fraud and malice, (2) certain “absolute” duties —duties, that is to say, independent of any real or nominal attitude of mind, and (3) the duty to refrain from negligence.'

These sets of duties, it may further be remarked, are distinct from each other; no one of them includes the others or either one of the others. It does not follow from the rule that a man is liable for harm done by fraud that he is liable for trespass though no harm may have been done, or that he is liable for negligence provided harm has been done. The

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