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COURT-MARTIAL:

protection of members of, 104.

whether action lies for bringing one before, without probable

cause, 107.

CRIME: oral imputation of, when actionable, 219.

CRIMINAL CONVERSATION: former action of, 206.

CRIMINAL LAW:

attempted personal offences, 29 m.

what is immediate cause of death in, 36.
individuals bound to enforce, 105, 182 r.
forfeiture of deodand, 121, 122.

as to self-defence, 155.

conversion necessary for larceny, 304.
distinction of receiving from theft in, 319.
as to asportation, 332.

prosecution for public nuisance, 344 sqq.

CRITICISM: limits of allowable, 230, 232.

CULPA:

equivalence of culpa lata to dolus, 263, 378.

licensor not liable to gratuitous licensee for, 455.

CUSTODY: distinguished from possession, 291.

CUSTOM: loss of, no right of action for, 136, 139.

CUSTOM OF THE REALM: meaning of, 464, 466.

CUSTOMER: right of, to safe condition of buildings, &c., 444.

DAMAGE:

relation of, to wrongful act, 19.

for "nervous or mental shock," whether too remote, 45.
unavoidable, no action for, 115.

effect of, as regards limitation, 188.

special, in law of slander, what, 217.

special, involves definite temporal loss, 218.

actual, unnecessary to constitute trespass, 295.

particular, in action for public nuisance, 346.

not when private right infringed, 356.

special, procuring breach of contract actionable only with, 480, 481.
remoteness of, 27, 35 sqq.,

DAMAGES:

measure of, 27.

481.

nominal, ordinary, or exemplary, 165.

carrying costs, 166 l, m, n.

P.

Q

DAMAGES-continued.

nominal, as test of absolute right, 166.
when damage gist of action, 167.

ordinary, measure of, 169.

exemplary, 170.

for false imprisonment, 170.

mitigated, 172.

only once given for same cause of action, 173.

for false representation, 175.

measure of, in action for inducing plaintiff by false statements to

take shares in company, 175 s.

in actions for seduction, 207.

mitigation of, by apology, in action for slander or libel, 246.

in action for trover, 307.

relation of costs to, 341.

for nuisance, 364.

to what date assessed, 365, 369.

in contributory negligence, 404, 405.

measure of, in contract and tort, 491.

for breach of promise of marriage, 172, 493.

DAMNUM SINE INIURIA, 22, 134.

DANGER:

going to, 149.

imminent, duty of person repelling, 156, 157.

position of, one knowing, 160.

diligence proportioned to, 393.

concealed, to bare licensee, 453.

licensor, liable for, 454.

DANGEROUS THINGS: strict responsibility in dealing with, 421, 423, 434,
437, 440, 441.

DEATH:

of party, effect of, on rights of action, 54.

of human being, said to be never cause of action at common law,
57.

DECEIT :

action of, damage must be shown, 168.

may give innocent agent claim for indemnity, 179 f.

what, 247.

conditions of right to sue for, 250.

must include falsehood in fact, 251.

knowledge of untruth or culpable ignorance, 251.

no cause of action without both fraud and actual damage, 251.
may include misstatement of law, 253.

by garbling, 254.

DECEIT continued.

statement believed by maker at the time is not, 254, 255.
ground of belief looked to as test of its reality, 255.

American law as to, 256.

effect of subsequent discovery of untruth, 257.
reckless assertion, 259.

breach of special duty, 259.

intention as element of, 261.

by public representations, 262, 263.

as regards prospectus of new company, 264.
statement not relied on is not, 265.

effect of plaintiff's means of knowledge, 265.

as to reliance on ambiguous statements, 267.

effect of misrepresentation by or through agent, 270-273.
action of, against falsifier of telegram, 484 sqq.

DEFAMATION:

damages in action of, 166.

special damage, 168.

gross, damages for, 171.

in general, 214 sqq.

spiritual, 220 s.

of one in his business, 221, 223.

in what sense "malicious," 224.

"publication" of, 224.

construction of words as to defamatory meaning, 227.
by repetition, 229.

exception of fair comment, 230.

justified by truth of matter, 233.

immunity of speech in Parliament, 235.

words used by judges and others in judicial proceed-
ings, 236.

naval and military, judicial or official proceedings, 237.
privileged communications generally, 237.

exception of "express malice," 238.

what are privileged occasions, 239.

privilege of fair reports, 242.

newspaper reports of public meetings, 244.

DEFECT:

And see LIBEL, SLANDER.

latent, non-responsibility for, 448.

in structure, responsibility of occupier for, 449.

DELICTS:

Roman law of, 16-18.

terminology of, Austin on, 18 s.

DETINUE, 13, 15, 294.

nature of writ of, 299.

DIGEST of Justinian, ad legem Aquiliam, 17, 514. And see Lex Aquilia.

DILIGENCE:

liability even when utmost used, 11.

amount of, required by law, 24, 25.

general standard of, 373, 378.

includes competent skill where required, 377, 384.

due, varies as apparent risk, 393.

DISABILITY: suspending statute of limitation, 188.

DISCRETION: where given by legislature must be exercised with regard
to other rights, 117.

DISTRESS:

in general, 334.

damage feasant, 334, 340.

conditions of, 335.

for rent, how limited, 339 n.

liability for, 340.

excess in distress damage feasant, effect of, 340.

Docks: owner of, answerable for safety of appliances, 445.

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And

DUTY-continued.

of respecting property, 24.

of diligence, 24.

of warning, knowledge of risk as opposed to, 150.
statutory, remedy for breach of, 176.

breach of, in course of employment, action for, 462.

384.

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EASEMENT:

disturbance of, analogous to trespass, 320, 321.
licence cannot confer, 323, 326.

of light, 357.

EDITOR: admitting publication, not bound to disclose actual author, 227.

ELECTION:

to sue in contract or tort for misfeasance, 462.

doctrine of, seems not applicable when duties are distinct in sub-
stance, 476.

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remedies formerly peculiar to, 162.

former concurrent jurisdiction of, in cases of deceit, 175.

ERROR: clerical, responsibility for, 223, 261, 488.

EVIDENCE:

of malice, 245.

of conversion, 306.

of negligence, 380.

question whether there is any for court: inference from admitted

evidence for jury, 387.

of contributory negligence, 398.

EXECUTION of process, justification of trespass in, 332.

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