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TABLE OF CONTENTS.
THE NATURE OF TORT IN GENERAL.
PAGE 1. Absence of authoritative definition.
2. Historical distinctions.
7. Personal wrongs.
7. Wrongs to property.
7. Wrongs affecting person and property.
8. Wilful wrongs.
9. Wrongs unconnected with moral blame.
11. Wrongs of imprudence and omission.
13. Historical anomaly of law of trespass and conversion.
13. Early forms of action.
16. Rationalized version of law of trespass.
17. Analogies of Roman law.
18. Dolus and Culpa.
18. Liability quasi ex delicto.
19. Summary of results.
CHAPTER II. .
PRINCIPLES OF LIABILITY.
22. Want of generality in early law.
23. General duty not to do harm in modern law.
24. Breach of specific legal duty.
25. Duty of respecting property.
25. Duties of diligence.
26. Assumption of skill.
28. Exception of action under necessity.
PAGE 29. Liability in relation to consequences of act or default.
31. Measure of damages.
32. “Immediate cause."
33. Liability for consequences of wilful act.
35. “ Natural consequences."
36. “Natural and probable" consequence.
40. Liability for consequences of trespass.
41. Consequences too remote.
42. Liability for negligence.
49. Contrasted cases of non-liability and liability: Cox v. Burbidge;
Lee v. Riley.
49. Metropolitan Rail. Co. v. Jackson.
50. Non-liability for consequences of unusual state of things:
Blyth v. Birmingham Waterworks Co.
51. Sharp v. Powell.
52. Whether same rule holds for consequences of wilful wrong:
Clark v. Chambers.
54. Consequences natural in kind though not in circumstance.
54. Damages for “ nervous or mental shock."
PERSONS AFFECTED BY TORTS.
1. Limitations of Personal Capacity.
58. Personal status immaterial in law of tort: but capacity
59. Exceptions : Convicts and aliens.
63. Married women: the common law.
65. Married Women's Property Act, 1882.
66. Common law liability of infants and married women.
69. Responsibility of public bodies for management of works under
2. Effect of a Party's Death.
71. Actio personalis moritur cum persona.
74. Qu. of the extension of the rule in Osborn v. Gillett.
75. Exceptions: Statutes of Edw. III. giving executors right of
suit for trespasses.
76. Of Will. IV. as to injuries to property.
76. No right of action for damage to personal estate consequential
on personal injury.
77. Lord Campbell's Act: rights created by it.
PAGE 78. Construction.
79. Interests of survivors distinct.
80. Statutory cause of action is in substitution not cumulative.
80. Scottish and American laws.
81. Right to follow property wrongfully taken or converted.
83. Rule limited to recovery of specific property or its value:
Phillips v. Homfray.
3. Liability for the Torts of Agents and Servants.
84. Command of principal does not excuse agent's wrong.
85. Cases of special duty, absolute or in nature of warranty,
86. Modes of liability for wrongful acts of others.
87. Command and ratification.
88. Master and servant.
89. Reason of master's liability.
90. Who is a servant.
94. Specific assumption of control.
95. Temporary transfer of service.
96. “ Power of controlling the work explained.
97. What is in course of employment.
(a) Execution of specific orders.
(b) Negligence in conduct of master's business.
Departure or deviation from master's business.
(c) Excess or mistake in execution of authority.
Interference with passengers by guards, etc.
Arrest of supposed offenders.
Act wholly outside authority: master not liable.
(d) Wilful trespasses, etc., for master's purposes.
Fraud of agent or servant.
Liability of firm for fraud of a partner.
115. Injuries to servants by fault of fellow-servants.
115. Common law rule of master's immunity.
116. Reason given in the later cases.
118. Servants need not be about same kind of work.
119. Provided there is a general common object.
121. Relative rank of servants immaterial.
126. Servants of sub-contractor.
126. Volunteer assistant on same footing as servant.
127. Exception where master interferes in person.
127. Employers' Liability Act, 1880.
128. Resulting complication of the law.
PAGE 130. Conditions excluding liability for act prima facie wrongful
131. General and particular exceptions.
1. Acts of State
132. Acts of state.
133. General ground of exemption.
135. Local actions against viceroy or governor.
135. Power to exclude aliens.
136. Acts of foreign powers.
2. Judicial Acts.
138. Judicial acts.
140. Liability by statute in special cases.
140. Judicial acts of persons not judges.
3. Executive Acts.
141. Executive acts.
143. Acts of naval and military officers.
144. Of other public authorities.
145. Indian Act XVIII. of 1850.
4. Quasi-judicial Acts.
145. Acts of quasi-judicial discretion.
146. Rules to be observed.
148. Absolute discretionary powers.
148. Whether duty judicial or ministerial: Ashby v. White.
5. Parental and Quasi-parental Authority.
149. Authority of parents.
150. Of custodians of lunatics.
6. Authorities of Necessity.
151. Of the master of a ship.
7. Damage Incident to Authorized Acts.
152. Damage incidentally resulting from lawful act.
154. Damage from execution of authorized works.
155. No action for unavoidable damage.
157. Care and caution required in exercise of discretionary powers.
8. Inevitable Accident.
PAGE 160. Inevitable accident resulting from lawful act.
161. On principle such act excludes liability.
163. Apparent conflict of authorities.
164. American decisions: The Nitro-Glycerine Case (Sup. Ct. 0.8.)
166. Brown v. Kendall (Mass.)
167. Other American cases.
168. English authorities: cases of trespass and shooting.
171. Cases where exception allowed.
9. Exercise of Common Rights.
174. Immunity in exercise of common rights.
177. Digging wells, etc., in a man's own land.
179. Chasemore v. Richards.
179. Other applications of same principle.
182. Whether malice material in these cases.
183. Roman doctrine of "animus vicino nocendi."
184. No exclusive right to names.
10. Leave and Licence: Volenti non fit iniuria.
185. Consent or acceptance of risk.
186. Express licence.
186. Limits of consent.
190. Licence obtained by fraud.
190. Extended meaning of volenti non fit iniuria.
191. Relation of these cases to inevitable accident.
192. Knowledge of risk opposed to duty of warning.
195. Cases between employers and workmen: Smith v. Baker.
197. Distinction where no negligence at all.
197. Distinction from cases where negligence is ground of action,
12. Private Defence.
202, Killing of animals in defence of property.
203. Assertion of rights distinguished from self-defence.
204. Injury to third person in self-defence.
13. Plaintiff a Wrong-doer.
205. Harm suffered by a wrong-doer.
208. Sunday travelling: conflict of opinion in U. S.
208. Cause of action connected with unlawful agreement.