Handbook of the Law of TortsWest publishing Company, 1917 - 695 sider |
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Side 4
... latter of a public right ; the tort is a wrong to the individual , the crime to the community . From this results further differ- ences- ( a ) As to the mental attitude of the wrongdoer ; ( b ) As to the methods of redress . The ...
... latter of a public right ; the tort is a wrong to the individual , the crime to the community . From this results further differ- ences- ( a ) As to the mental attitude of the wrongdoer ; ( b ) As to the methods of redress . The ...
Side 5
... latter generally should bear the loss , be his state of mind what it may . The difference between these two theories is well illustrated in the following cases : which is violated by a tort is always a different right from that which is ...
... latter generally should bear the loss , be his state of mind what it may . The difference between these two theories is well illustrated in the following cases : which is violated by a tort is always a different right from that which is ...
Side 6
... latter's right , he has committed the tort of conver- sion.1 15 Later on we shall discuss at length the mental at- titude both of the party wronged and of the wrongdoer . Redress Redress for the crime assumes the form of punishment ...
... latter's right , he has committed the tort of conver- sion.1 15 Later on we shall discuss at length the mental at- titude both of the party wronged and of the wrongdoer . Redress Redress for the crime assumes the form of punishment ...
Side 13
... latter's husband for burial and shipment by a certain train , but failed to do so , the action was held one on contract ; defendants being under no duty independent of the agreement to per- form the obligation . Applying the same test ...
... latter's husband for burial and shipment by a certain train , but failed to do so , the action was held one on contract ; defendants being under no duty independent of the agreement to per- form the obligation . Applying the same test ...
Side 18
... latter is to render personal services to the former , and I maliciously induce B. to break his agreement , it is well set- tled that A.'s right to have B. perform is a property right , and I will be liable in tort.62 So , too , " a ...
... latter is to render personal services to the former , and I maliciously induce B. to break his agreement , it is well set- tled that A.'s right to have B. perform is a property right , and I will be liable in tort.62 So , too , " a ...
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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
Populære avsnitt
Side 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.
Side 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.
Side 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...
Side 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.
Side 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.
Side 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.
Side 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...
Side 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.
Side 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.
Side 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.