Handbook of the Law of TortsWest publishing Company, 1917 - 695 páginas |
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Página 3
Heman Gerald Chapin. of contract , and producing injury to another , in the absence of any existing lawful relation ... injured person . " 998 Now it is evident that each of the foregoing , as well as the definition which we have given ...
Heman Gerald Chapin. of contract , and producing injury to another , in the absence of any existing lawful relation ... injured person . " 998 Now it is evident that each of the foregoing , as well as the definition which we have given ...
Página 6
... injured party . Merger It has frequently been stated that by the common law of England , where the same act constituted both a tort and a fel- ony , the private injury was deemed merged in the public wrong , and the reason suggested ...
... injured party . Merger It has frequently been stated that by the common law of England , where the same act constituted both a tort and a fel- ony , the private injury was deemed merged in the public wrong , and the reason suggested ...
Página 9
... injury to a legal right , " giving to " damage " its ordinary meaning . Torts Not Necessarily Moral Wrongs Reversing the shield we find that many torts for which the law gives a cause of action are really not moral wrongs at 20 Marshall ...
... injury to a legal right , " giving to " damage " its ordinary meaning . Torts Not Necessarily Moral Wrongs Reversing the shield we find that many torts for which the law gives a cause of action are really not moral wrongs at 20 Marshall ...
Página 13
... injury , and hence the promise could not be separated from the statement of fact . The damage was here caused by nonper- formance , which was the gist of the action , not by the false representation . So , where it was alleged that ...
... injury , and hence the promise could not be separated from the statement of fact . The damage was here caused by nonper- formance , which was the gist of the action , not by the false representation . So , where it was alleged that ...
Página 14
... injury to a third party . The em- ployer may be held responsible , and , although there has been a violation of the contract of emplovment , he may in turn sue 47 Thompson v . Clemens , 96 Md . 196 , 53 Atl . 919 , 60 L. R. A. 580 ...
... injury to a third party . The em- ployer may be held responsible , and , although there has been a violation of the contract of emplovment , he may in turn sue 47 Thompson v . Clemens , 96 Md . 196 , 53 Atl . 919 , 60 L. R. A. 580 ...
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Otras ediciones - Ver todas
Términos y frases comunes
affirmed Allen Mass Ass'n Bank Boston breach Brown cause of action Chapin Cas charge chattel Chicago City Clark committed common law Conn contract courts damages Davis defamation defendant defendant's defense of property doctrine duty effect employé employer exercise fact figures refer fraud Gray Mass held infra injured party injury Iowa Johnson Jones jury L. T. Rep latter liable libel Louisville & N. R. malicious merely Miller Minn Misc N. J. Eq N. J. Law N. Y. Supp negligence nuisance Ohio St owner Pennsylvania Co person plaintiff possession reason recover recovery redress refer to pages Repr responsible result rule servant slander Smith South Standard Oil Co statute supra Tenn tion Torts trespass Union unlawful W. R. Co Wend Wkly wrong wrongdoer York Cent
Pasajes populares
Página 110 - To justify the State in thus interposing its authority in behalf of the public, it must appear, first, that the interests of the public generally, as distinguished from those of a particular class, require such interference; and, second, that the means are reasonably necessary for the accomplishment of the purpose, and not unduly oppressive upon individuals.
Página 519 - If the nature of a thing is such that it is reasonably certain to place life and limb in peril when negligently made, it is then a thing of danger.
Página 436 - And no such restraining order or injunction shall prohibit any person or persons, whether singly or in concert, from terminating any relation of employment, or from ceasing to perform any work or labor, or from recommending, advising, or persuading others by peaceful means so to do...
Página 512 - 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.
Página 448 - But if the persuasion be used for the indirect purpose of injuring the plaintiff, or of benefiting the defendant at the expense of the plaintiff, it is a malicious act which is in law and in fact a wrong act, and therefore a wrongful act, and therefore an actionable act if injury ensues from it.
Página 371 - In form, it is a fiction; in substance, a remedy to recover the value of personal chattels wrongfully converted by another to his own use.
Página 512 - ... it seems but reasonable and just that the neighbor, who has brought something on his own property which was not naturally there, harmless to others so long as it is confined to his own property...
Página 225 - Where, by any wrongful act or omission of any partner acting in the ordinary course of the business of the partnership, or with the authority of his copartners, loss or injury is caused to any person, not being a partner in the partnership, or any penalty is incurred, the partnership is liable therefor to the same extent as the partner so acting or omitting to act.
Página 512 - He can excuse himself by showing that the escape was owing to the plaintiff's default, or perhaps that the escape was the consequence of vis major, or the act of God; but as nothing of this sort exists here, it is unnecessary to inquire what excuse would be sufficient.
Página 134 - In an action or special proceeding a married woman appears, prosecutes or defends alone or joined with other parties as if she was single. It is not necessary or proper to join her husband with her as a party in any action or special proceeding affecting her separate property.