A Treatise on the Law of Torts in Obligations Arising from Civil Wrongs in the Common Law

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F.H. Thomas Law Book Company, 1894 - 803 páginas

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rights created by
77
Interests of survivors distinct
79
Statutory cause of action is in substitution not cumulative 80 Scottish and American laws
80
Right to follow property wrongfully taken or converted
81
Phillips v Homfray
83
Liability for the Torts of Agents and Servants 84 Command of principal does not excuse agents wrong
84
Cases of special duty absolute or in nature of warranty distinguished
85
Modes of liability for wrongful acts of others
86
Command and ratification
87
Master and servant
88
Reason of masters liability
89
Who is a servant
90
Specific assumption of control
94
Temporary transfer of service
95
Power of controlling the work explained
96
What is in course of employment
97
a Execution of specific orders 98 b Negligence in conduct of masters business
98
Departure or deviation from masters business
100
c Excess or mistake in execution of authority
103
Interference with passengers by guards
104
Arrest of supposed offenders
106
master not liable
107
d Wilful trespasses etc for masters purposes
109
Fraud of agent or servant
112
Liability of firm for fraud of a partner
114
Injuries to servants by fault of fellowservants 115 Common law rule of masters immunity
115
Reason given in the later cases
116
Servants need not be about same kind of work
118
Provided there is a general common object
119
Relative rank of servants immaterial
121
Servants of subcontractor 126 Volunteer assistant on same footing as servant
126
Exception where master interferes in person 127 Employers Liability Act 1880
127
Resulting complication of the
128
GENERAL EXCEPTIONS
130
Judicial acts
138
Of other public authorities
144
Of custodians of lunatics
150
Care and caution required in exercise of discretionary powers
157
Inevitable accident resulting from lawful
160
Exercise of Common Rights
174
Whether malice material in these cases
182
Licence obtained by fraud
190
Distinction where no negligence at
197
Assertion of rights distinguished from selfdefence
203
OF REMEDIES FOR TORTS
209
SPECIFIC WRONGS
247
False Imprisonment
259
Reasonable and probable cause
267
Criminal conversation
273
Damages
280
CHAPTER VII
286
When slander is actionable
289
Defamation in General
304
Innuendo
311
Exceptions
317
Justification on ground of truth
323
Other persons in judicial proceedings
330
Selfprotection
337
344 Excess of privilege
344
Questions of fraudulent intent
353
Misrepresentations of
360
Exceptional protection of certain dealings in good faith
415
Trespass
421
Waste
427
What amounts to conversion
433
Acts not amounting to conversion
437
Injuries between Tenants in Common
447
Rights of derivative possessors
453
Revocation of licence
459
Justification by
465
breaking doors
471
Foxhunting not privileged
477
Effect of changes in procedure
483
Nuisance public or private
484
CHAPTER XI
532
Overlapping of contract and tort
534
Evidence of Negligence
543
Things within defendants control
550
Invitation to alight
559
Distinction where person acting has notice of special danger
565
Tuff v Warman
571
Butterfield v Forrester
577
Children c unattended
584
No duty to anticipate negligence of others
591
Clayards v Dethick
593
Doctrine of New York Courts
594
Separation of law and fact in United States
595
American doctrine
596
CHAPTER XII
598
Rylands v Fletcher
599
Exception of act of
605
Act of stranger
607
Authorized works
608
G W R Co of Canada v Braid
609
Other cases of insurance liability 610 Duty of keeping in cattle
610
Dangerous or vicious animals
613
Fire firearms
616
Carrying fire in locomotives
617
Dixon v Bell
618
Explosives and other dangerous goods
619
Gas escapes
620
Thomas v Winchester
621
George v Skivington
622
Duties of occupiers of buildings in respect of safe repair
624
Modern date of the settled rule 625 Indermaur v Dames
625
Persons entitled to safety
627
Duty in respect of carriages ships
629
Limits of the duty
631
Volenti non fit iniuria
632
Duty towards passershy
633
Presumption of negligence res ipsa loquitur
635
Distinctions
638
Position of licensees
639
Host and guest
641
Liability of licensor for ordinary negligence
642
Owner not in occupation
643
SPECIAL RELATIONS OF CONTRACT AND TORT
644
Concurrent Causes of Action
656
Causes of action in contract and tort at suit of different
662
Causes of Action in Tort Dependent on a Contract not Between
668
Measure of Damages and Other Incidents of the Remedy
682

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Página 593 - We think that the true rule of law is, that the person who for his own purposes brings on his lands 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 545 - J., observed that in order for it to apply "there must be reasonable evidence of negligence, but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen, if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care.
Página 80 - ... whensoever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Página 378 - ... whereby to charge any person upon or by reason of any representation or assurance made or given concerning or relating to the character, conduct, credit, ability, trade, or dealings of any other person, to the intent or purpose that such other person may obtain credit money or goods upon, unless such representation or assurance be made in writing, signed by the party to be charged therewith.
Página 564 - But there is another proposition equally well established, and it is a qualification upon the first, namely: that though the plaintiff may have been guilty of negligence, and although that negligence may, in fact, have contributed to the accident, yet if the defendant could in the result, by the exercise of ordinary care and diligence, have avoided the mischief which happened, the plaintiff's negligence will not excuse him.
Página 548 - The judge has to say whether any facts have been established by evidence from which negligence may be reasonably inferred : the jurors have to say whether from those facts, when submitted to them, negligence ought to be inferred.
Página 217 - The detriment caused by the wrongful conversion of personal property is presumed to be : "First — The value of the property at the time of the conversion, with the interest from that time, or, an amount sufficient to indemnify the party injured for the loss which is the natural, reasonable and proximate result of the wrongful act complained of and which a proper degree of prudence on his part would not have averted; and "Second — A fair compensation for * the time and money properly expended...
Página 215 - So if a man gives another a cuff on the ear, though it cost him nothing, no not so much as a little diachylon, yet he shall have his action, for it is a personal injury. So a man shall have an action against another for riding over his ground, though it do him no damage; for it is an invasion of his property, and the other has no right to come there.
Página 177 - To draw a line between fair and unfair competition, between what is reasonable and unreasonable, passes the power of the courts.
Página 382 - But with respect to the question whether a principal is answerable for the act of his agent in the course of his master's business, and for his master's benefit, no sensible distinction can be drawn between the case of fraud and the case of any other wrong.

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