LEX AQUILIA: rules of liability under, compared with English law, 122 a. Roman law of, liability under, 455, 478 e, 514. LEX FORI: regard to, in English courts, 183, 184. LIBEL: damages for trespass on plaintiff's paper, where no libel for want injunction to restrain publication of, 174. what is prima facie libellous, 216. what is publication, 224. construction of, 227. fair comment is not, 230. Law of Libel Amendment Act, 1888..244. LICENCE: And see DEFAMATION. to apply bodily force, 143. to do bodily harm, good only with just cause, 144. what, 322. revocable unless coupled with interest, 323. may be annexed by law to grant, 323, 324. revocation of executed, having permanent results, 324. interest by way of equitable estoppel arising from, 326. does not confer rights in rem, 326. LICENSEE: rights of, in use of way, 450. what risks he must take, 453. LIEN: distinguished from conversion, 312. LIGHT: obstruction of, 357. nature of the right to, 357. what amounts to disturbance of, 358. the supposed rule as to angle of 45°..358. LIMITATION: statute of, 47, 188. effect of foreign law of, 186. exception of concealed fraud, 189. where damage gist of action, 189. text of statutes of, 511. LOCALITY: of wrongful acts, when material, 183. LUNATIC: authorized restraint of, 112. MAINTENANCE: actions for, 286. MALA PROHIBITA: no longer different in result from mala in se, 23. MALICE: cases on, in connection with competition in business, 141 z, a. effect of, in exercise of common right, 142. "implied," meaning of, 224. express, in communication on privileged occasions, 238. essential in slander of title, 274. procuring breach of contract actionable only with, 480. "MALICE IN FACT:" 51, 238, 246. MALICIOUS HINDRANCE: by combination in trade, 283. MALICIOUS INJURIES: by interference with lawful occupation, &c., 284. distinguished from false imprisonment, 200. whether action for, lies against corporation, 278. action for, for prosecuting action in name of third person, 280. MANDAMUS: 162 b. MARKET: franchise of, 321 q. MARKET OVERT: title acquired in, 289, 490. MARKET-PLACE: duty of person controlling structures in, 446, 447. MARRIAGE breach of promise of, 172, 493. MARRIED WOMAN: damages and costs recovered against, how payable, 49. can now sue and be sued alone, 49. whether liability at common law limited to wrongs contra pacem, 50. MARRIED WOMEN'S PROPERTY ACT: effect of, 4. right of action under, how limited, 49 i. MASTER AND SERVANT: master responsible for servant's negligence, 20. whether master can have action for loss of service when servant is killed by the injury, 57. liability of master for acts and defaults of servants, 66 sqq. rule as to liability of master, 69. reason of, 69. MASTER AND SERVANT-continued. temporary transfer of service, 74. execution of specific orders, 76. liability of master for servant's excessive acts, 80. wilful wrongs, 83. fraud, 84. forgery, 85 q. injuries to servant by fellow servant, 87. master must choose proper servants, 91. doctrine of constructive service, 211. menacing servants, 212. master giving character, 239. warning by master to fellow-servants privileged, 241. as passengers by railway, 469. whether master can sue for loss of service by a breach of contract MAXIMS: with servant, 474. And see SERVANT. imperitia culpae adnumeratur, 25. in iure non remota causa sed proxima spectatur, 26. a man is presumed to intend the natural consequences of his actio personalis moritur cum persona 54 sqq. qui facit per alium facit per se, 70. respondeat superior, 70. sic utere tuo ut alienum non laedas, 97, 113. nullus videtur dolo facere qui suo iure utitur, 114 c. volenti non fit iniuria, 143, 148, 151. culpa lata dolo aequiparatur, 249. adversus extraneos vitiosa possessio prodesse solet, 316. MEDICAL EDUCATION : general council of, powers of, over registered medical MEETING: public, newspaper reports of, 244. MENACE: when actionable, 196. to servant, 212. MENTAL OR NERVOUS SHOCK: damages for, whether too remote, 45. MILITARY COURT: privilege of, 236. MINISTER of Baptist chapel, removal of, 110 t. MISREPRESENTATION: of fact or law, 353. by omission, 254. by reckless assertion, 259. by breach of special duty of disclosure, qu. whether deceit, 259. by neglect of special duty, 260, 261. reliance of plaintiff on defendant, 264. construction of ambiguous statement, 267. amounting to promise or guaranty, 251, 268. MISTAKE: does not excuse interference with property, 10. MORTGAGOR: may be guilty of conversion, 312. forcible entry of, upon mortgagee in possession, 329. MOTIVE: whether material in exercise of rights, 141, 142. considered in aggravation or reduction of damages, 173. when material part of cause of action, 482. NAME: no exclusive right to use of, 143. of house, no exclusive right to, 276. NATURAL JUSTICE: must be observed in exercise of quasi-judicial powers, 109. "NATURAL USER:" of property, non-liability for, 424. NAVIGATION: negligence in, 39, 412, 413. requirements of, as limiting statutory powers, 116. NECESSITY: as excuse for unskilled person, 25. as justification generally, 153. "compulsive," 158. destruction of property justified by, 153. trespasses justified by, 164, 336. NEGLIGENCE: liability for, 10. equivalent to culpa, 17. liability for, depends on probability of consequence, 36. question of, excluded when a risk is voluntarily taken, 149. knowledge of risk opposed to duty of warning, 150. NEGLIGENCE-continued. aggravated by recklessness, 171. as ground of action against servant for conversion, 310 a. concurrence of liability ex contractu and ex delicto, 375. Alderson's definition of, 376. failure in average prudence is, 378. evidence of, 380. burden of proof on plaintiff, 381. how affected by contract, 383. when presumed, 384. principles illustrated by railway cases, 386. And see RAILWAY. duties of judge and jury, 387. And see CONTRIBUTORY NEGLIGENCE. due care varies as apparent risk, 393. notice of special danger through personal infirmity, 395. of independent persons may be joint wrong, 408. as to action under difficulty caused by another's negligence, 413. choice of risks caused by another's, 415. presumption of, in cases of unexplained accident, 450. liability for, concurrent with another party's liability on contract, general doctrine of, not applicable to statements, 486, 488. NEWSPAPER: vendor of, not liable for libel, 225. volunteered reports to, 244. Law of Libel Amendment Act, 1888..244. special procedure in action for libel, 246. NEW TRIAL: for excessive or inadequate damages, 165. NOTICE: effect of, on liability for negligence, 377. judicial, of common facts, 385. of special risks, 393, 395. of special circumstances, as affecting measure of damages, 492. |