The Law of Torts: A Treatise on the Principles of Obligations Arising from Civil Wrongs in the Common Law; to which is Added the Draft of a Code of Civil Wrongs Prepared for the Government of India |
Contents
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Common terms and phrases
accident actual alleged amount appears apply assault authority Blackburn bound Bowen L. J. breach cause of action civil common law consequence contract contributory negligence course Court of Appeal criminal danger deceit decision defendant defendant's detinue distinction doctrine doubt duty employer English entitled evidence excuse exercise fact fraud ground harm held House of Lords iniuria injury intention judge judgment judicial jurisdiction jury justified kind L. J. Ch L. J. Ex land liable libel licence Lord Herschell malice man's matter means ment modern nature negligence neighbour nuisance offence opinion ordinary otherwise party plaintiff possession principle privileged proof prosecution purpose Q. B. Div question railway reasonable recover regards remedy right of action risk rule seems sense servant slander slander of title statement statute statutory things tion tort trespass trespass to land true owner unlawful Vict words writ wrong-doer
Popular passages
Page 576 - An act done by a person in contemplation or furtherance of a trade dispute shall not be actionable on the ground only that it induces some other person to break a contract of employment or that it is an interference with the trade, business, or employment of some other person, or with the right of some other person to dispose of his capital or his labour as he wills.
Page 70 - ... 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...
Page 487 - 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. The general rule as above stated seems on principle just.
Page 447 - 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.
Page 486 - 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.
Page 9 - By the laws of England, every invasion of private property, be it ever so minute, is a trespass.
Page 153 - ... that the person who owns the surface may dig therein, and apply all that is there found to his own purposes, at his free will and pleasure...
Page 29 - IT were infinite for the law to judge the causes of causes, and their impulsions one of another ; therefore, it contenteth itself with the immediate cause, and judgeth of acts by that, without looking to any further degree.
Page 304 - ... no action shall be brought whereby to charge any person upon or by reason of any representation or assurance made or given concerning or relating to the...
Page 116 - Exchange, supra) ... is the correct exposition of the law or nations, viz., that as a consequence of the absolute independence of every sovereign authority and of the international comity which induces every sovereign state to respect the independence of every other sovereign state...