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

Front Cover
Stevens, 1897 - Torts - 659 pages
 

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Contents

Conversion by estoppel
341
Clifford 276 281
344
Rights of derivative possessors
347
Distinction from grant as regards strangers
356
L A Y Rail Co
358
breaking doors
362
Arnold r Holbrook
366
Foxhunting not privileged
368
CHAPTER X
374
Measure of nuisance
381
Injury caused by independent acts of different persons
387
Notice to wrongdoer
393
Damages
396
Parties ontitled to sue for nuisance
402
Ball Ex parte 194 v Ray 386
403
Definition of negligence
408
Duties of diligence 24
412
Negligence a question of mixed fact and law
414
Metropolitan R Co v Jackson
420
No precise general rule
427
Davies v Mann
436
Proximate or decisive cause
438
Accidents to children in custody of adult
443
Choice of risks under stress of anothers negligence
449
Exceptions to general limits of duties of caution
455
Exception of act of God
462
Dangerous or vicious animals
468
Gas escapes
474
Persons entitled to safety
480
Presumption of negligence res ipsa loquitur
486
Liability of licensor for ordinary negligence
492
Special duty of carriers and innkeepers by custom of the realm
501
Contract implied in law and waiver of tort
507
Wright c
514
Motive as an ingredient in the wrong
520
Damage to stranger by breach of contract
522
Measure of Damages and other incidents of the Remedy
529
APPENDIX
535
B Employers Liability Act 1880
543
Prefatory Note
556
Special Part
581
Wrongs to property
599
Turnley 383 384606
606
Negligence
610
Selfcreated disability to avoid consequences of anothers negligence 435
632
Recaption of goods 361
652

Common terms and phrases

Popular passages

Page 458 - 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 546 - The amount of compensation recoverable under this Act shall not exceed such sum as may be found to be equivalent to the estimated earnings, during the three years preceding the injury, of a person in the same grade employed during those years in the like employment and in the district in which the workman is employed at the time of the injury.
Page 289 - ... 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.
Page 146 - ... 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 548 - the expression ' workman,' does not include a domestic or menial servant, but, save as aforesaid, means any person, who, being a labourer, servant in husbandry, journeyman, artificer, handicraftsman, miner, or otherwise engaged in manual labour, whether under the age of...
Page 289 - ... 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 438 - I believe quite correctly, that "the rule of law is laid down with perfect correctness in the case of Butterfield v. Forrester, that, although there may have been negligence on the part of the plaintiff, yet unless he might, by the exercise of ordinary care, have avoided the consequences of the defendant's negligence, he is entitled to recover; if by ordinary care he might have avoided them, he is the author of his own wrong.
Page 547 - Notice in respect of an injury under this Act shall give the name and address of the person injured and shall state in ordinary language the cause of the injury and the date at which it was sustained...
Page 548 - A notice under this section shall not be deemed invalid by reason of any defect or inaccuracy therein, unless the judge who tries the action arising from the injury mentioned in the notice shall be of opinion that the defendant in the action is prejudiced in his defence by such defect or inaccuracy, and that the defect or inaccuracy was for the purpose of misleading.
Page 66 - ... 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...

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