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 |
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Page xviii
... fact Justification on ground of truth Must be substantially complete Defendant's belief immaterial .. .. Parliamentary and judicial immunity Other persons in judicial proceedings Reports of officers , & c . .. Qualified immunity of ...
... fact Justification on ground of truth Must be substantially complete Defendant's belief immaterial .. .. Parliamentary and judicial immunity Other persons in judicial proceedings Reports of officers , & c . .. Qualified immunity of ...
Page 28
... fact , our maxim only points out that some consequences are held too remote to be counted . What is the test of remoteness we still have to inquire . The view which I shall endeavour to justify is that , for the purpose of civil ...
... fact , our maxim only points out that some consequences are held too remote to be counted . What is the test of remoteness we still have to inquire . The view which I shall endeavour to justify is that , for the purpose of civil ...
Page 32
... fact that he either did mean them to ensue , or recklessly put aside the risk of some such consequences ensuing . This is the limit introduced by such terms as " natural " -or more fully , " natural and probable " What is consequence ...
... fact that he either did mean them to ensue , or recklessly put aside the risk of some such consequences ensuing . This is the limit introduced by such terms as " natural " -or more fully , " natural and probable " What is consequence ...
Page 33
... fact from conclusions of law , it has grappled more closely with the inherent vagueness of facts than any other system . We may now take some illustrations of the rule of " natural and probable conse- quences as it is generally accepted ...
... fact from conclusions of law , it has grappled more closely with the inherent vagueness of facts than any other system . We may now take some illustrations of the rule of " natural and probable conse- quences as it is generally accepted ...
Page 42
... fact that they did not take extraordinary precautions . Sharp v . Powell . The later case of Sharp v . Powell ( 1 ) goes farther , as the story begins with an act on the defendant's part which was a clear breach of the law . He caused ...
... fact that they did not take extraordinary precautions . Sharp v . Powell . The later case of Sharp v . Powell ( 1 ) goes farther , as the story begins with an act on the defendant's part which was a clear breach of the law . He caused ...
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Common terms and phrases
accident actual alleged appears apply assault assumpsit authority Bigelow L. C. bound Bowen L. J. Bramwell breach carriage cause of action civil common law consent consequence contract contributory negligence course Court criminal danger deceit decision defendant defendant's detinue distinction doctrine doubt duty English entitled evidence ex delicto excuse exercise fact fraud gence ground harm held horse House of Lords Indian Penal Code iniuria injury intended judgment judicial jurisdiction jury justified kind L. J. Ch L. J. Ex land liable libel licence Lord Cairns malicious matter means ment modern natural neighbour nuisance obstruction offence opinion ordinary party person plaintiff possession principle proof purpose Q. B. Div question railway reasonable regard remedy right of action risk rule seems servant special damage statement statute things tion tort trespass trespass to land trover true owner Ulpian Vict words writ wrong wrong-doer
Popular passages
Page 507 - Under sub-section one of section one, unless the defect therein mentioned arose from, or had not been discovered or remedied owing to the negligence of the employer, or of some person in the service of the employer, and entrusted by him with the duty of seeing that the ways, works, machinery, or plant were in proper condition.
Page 423 - 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 509 - The notice may be served by delivering the same to or at the residence or place of business of the person on whom it is to be served.
Page 328 - King defendeth that none from henceforth make any entry into any lands and tenements, but in case where entry is given by the law. and in such case not with strong hand, nor with multitude of people, but only in peaceable and easy manner.
Page 508 - ... accident has been made within six months from the occurrence of the accident causing the injury, or, in case of death, within six months from the time of death.
Page 507 - ... an employee, or his legal representative, shall not be entitled under this article to any right of compensation or remedy against the employer in any case where such employee knew of the defect or negligence which caused the injury and failed, within a reasonable time, to give, or cause to be given, information thereof to the employer...
Page 269 - ... 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 137 - ... 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 510 - 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 twenty-one years or above that age, has entered into or works under a contract with an employer, whether the contract be...
Page 198 - Every confinement of the person is an imprisonment, whether it be in a common prison, or in a private house, or in the stocks, or even by forcibly detaining one in the public streets.