The Law of Torts |
From inside the book
Results 1-5 of 39
Page 8
... existence by consent , actual or presumptive . Rights para- mount and rights con- sensual . Both classes alike , whichever way designated , create law , in the proper sense of that which , lying fast ( lex , legare ) , binds men ...
... existence by consent , actual or presumptive . Rights para- mount and rights con- sensual . Both classes alike , whichever way designated , create law , in the proper sense of that which , lying fast ( lex , legare ) , binds men ...
Page 11
... existence of a relation between my neighbour and me which would tend to anything but to bind us together into the organism which we call the State . moral ( or indeed official ) duty shades into pure voluntaryism , becoming impertinence ...
... existence of a relation between my neighbour and me which would tend to anything but to bind us together into the organism which we call the State . moral ( or indeed official ) duty shades into pure voluntaryism , becoming impertinence ...
Page 12
... existence of a duty under the law that danger to another shall be observed or observable . And further still , if the impending harm cannot be avoided there will be no liability , unless the fact that the person on whom the duty is to ...
... existence of a duty under the law that danger to another shall be observed or observable . And further still , if the impending harm cannot be avoided there will be no liability , unless the fact that the person on whom the duty is to ...
Page 17
... existence of the rela- tion . Then , with such knowledge , interrupting the relation , he is said to have done the act ' maliciously ' ; he has done it with malice in the mind because he has done it with knowledge of the relation . Here ...
... existence of the rela- tion . Then , with such knowledge , interrupting the relation , he is said to have done the act ' maliciously ' ; he has done it with malice in the mind because he has done it with knowledge of the relation . Here ...
Page 18
... existence of some special relation which is interrupted . In the first case malice makes perhaps a true head in the law ; but its place is in criminal and quasi - criminal jurisprudence . There is no other place for malice in the sense ...
... existence of some special relation which is interrupted . In the first case malice makes perhaps a true head in the law ; but its place is in criminal and quasi - criminal jurisprudence . There is no other place for malice in the sense ...
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Common terms and phrases
Allen Mass arrest assault authority bailee bailment battery Bigelow's L. C. Torts breach of duty charge chattel committed common law conduct contract contributory negligence conversion court criminal Cushing Mass danger deemed defamation defamatory defendant is liable defendant's doctrine employer entitled entry example exercise facie fact false imprisonment fraud ground Grueber guilty harm imputation infringement injury intended jury land legal right Lex Aquilia liable¹ libel license Lord Lord Esher maintain an action malice malicious prosecution master means nature necessary negligence notice nuisance officer ordinary owner party patent plaintiff possession premises prima facie privilege probable cause procuring prove Q. B. Div question reason recover regard representation right of action Roman law rule seduction sense servant slander slander and libel slander of title Smith special damage statement statute supra sustained term third person tion trespass true unlawful Vict warrant wife writ wrongful
Popular passages
Page 246 - Provided also and be it declared and enacted* That any declaration before mentioned shall not extend to any letters patents and grants of privilege for the term of fourteen years or under hereafter to be made of the sole working or making of any manner of new manufactures within this realm to the true and first inventor and inventors of such manufactures which others at the time of making such letters patents and grants shall not use...
Page 297 - We think that the true rule of law is that the person who, for his own purposes, brings on his land and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril ; and if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.
Page 362 - By reason of the negligence of any person in the service of the employer to whose orders or directions the workman at the time of the injury was bound to conform, and did conform...
Page 362 - ... (1) By reason of any defect in the condition of the ways, works or machinery connected with or used in the business of the employer, which arose from or had not been discovered or remedied owing to the negligence of the employer or of any person in the service of the employer and entrusted by him with the duty of seeing that the ways, works or machinery were in proper condition...
Page 362 - By reason of the act or omission of any person in the service of the employer done or made in obedience to the rules or byelaws of the employer, or in obedience to particular instructions given by any person delegated with the authority of the employer in that behalf...
Page 354 - The proposition which these recognized cases suggest, and which is, therefore, to be deduced from them, is that whenever one person is by circumstances placed in such a position with regard to another that everyone of ordinary sense who did think would at once recognize that if he did not use ordinary care and skill in his own conduct with regard to those circumstances he would cause danger of injury to the person or property of the other, a duty arises to use ordinary care and skill to avoid such...
Page 256 - ... or, knowing such book to have been so unlawfully printed or imported, shall sell, publish, or expose to sale or hire, or cause to be sold, published, or exposed to sale or hire, or shall have in his possession, for sale or hire...
Page 352 - The owner or occupant of land is liable in damages to those coming to it, using due care, at his invitation or inducement, express or implied, on any business to be transacted with or permitted by him, for an injury occasioned by the unsafe condition of the land or of the access to it, which is known to him and not to them, and which he has negligently suffered to exist and has given them no notice of.
Page 312 - ... or is of such conclusive character that the court, in the exercise of a sound judicial discretion, would be compelled to set aside a verdict returned in opposition to it.
Page 263 - ... disguise the use thereof; or whether his work is the result of his own labor, skill, and use of common materials, and common sources of knowledge, open to all men, and the resemblances are either accidental or arising from the nature of the subject. In other words, whether the defendant's book is, quoad hoc, a servile or evasive imitation of the plaintiff's work, or a bona fide original compilation from other common or independent sources.