The Law of Torts: A Treatise on the English Law of Liability for Civil Injuries

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Stevens and Haynes, 1907 - Torts - 507 pages
 

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Contents

Contributory Negligence
31
The Rule in Davies v Mann
35
Contributory Negligence of Plaintiffs Servants and Agents
41
The Burden of Proof of Contributory Negligence
42
Contributory Negligence and Collisions at Sea
43
Volenti non fit injuria
46
CHAPTER II
52
Public Officials
53
Foreign Sovereigns and Ambassadors
54
Bodies Corporate
55
Trade Unions
57
Minors
58
Lunatics
61
Married Women
62
Executors and Administrators
64
Joint Wrongdoers
69
Contribution between Wrongdoers
73
Principal and Agent
75
Partners
78
The Course of Employment
83
Excess of a Servants Authority
85
Acts done by a Servant on his own behalf
87
Bullock
88
SEOTION PAGR 32 The Rule of Common Employment
91
The Employers Liability Act 1880
96
The Workmens Compensation Act 1906
98
CHAPTER III
100
Damages
101
Remoteness of Damage
103
Successive Actions on the same facts
113
Injunctions
119
The Limitation of Actions
126
Special Periods of Limitation
129
Felonious Torts
131
Assignment of Rights of Action for Torts
133
The Waiver of Torts
136
Deakin 86
137
Foreign Torts
139
CHAPTER IV
142
Prevention of Trespass
143
Reentry on Land
145
Defence and Recaption of Chattels
147
Abatement of Nuisances
148
Distress Damage Feasant
152
CHAPTER V
155
The Nature of Trespass to Land
159
The Title of the Plaintiff
164
Trespass ab Initio
167
The Measure of Damages in Trespass
170
CHAPTER VI
174
The Action for Mesne Profits
176
vii
180
Damage Caused by Nuisance
184
Ineffectual Defences
188
The Rule in Rylands v Fletcher
190
Things Naturally on Land
194
Consent of the Plaintiff
197
The Act of a Stranger
198
The Act of God
199
Nuisances in a Highway
204
The Legalisation of Nuisances by Prescription
205
The Legalisation of Nuisances by Statute
207
Liability for Fire
210
The Incidence of Liability for Nuisances
215
Liability of a Landlord
218
CHAPTER VIII
222
The Right to Light
244
The Right to Air
250
Rights to Water
251
Abstraction for Nonriparian Uses
255
Abstraction for Riparian Uses
257
Abstraction of Underground Water
262
The Pollution of Water
263
Obstruction of a Stream
265
Rights of Way
267
Disturbance of the Right of Access to a Highway
269
Nuisance to a Highway
270
Absolute Liability for Danger to Highway
273
SECTION PAGE 94 Liability for the Nonrepair of Roads
276
Wrongful Damage
279
Injuries to Reversicnary Interests
280
CHAPTER X
284
Conversion defined
294
Conversion by Taking
296
Conversion by Detention
297
Conversion by Wrongful Delivery
300
Conversion by Wrongful Disposition
301
Conversion by Wrongful Destruction
302
Acts not amounting to Conversion
303
Conversion by Estoppel
306
The Title of the Plaintiff
308
Conversion and the Limitation of Actions
314
The Measure of Damages for Conversion
317
Specific Restitution of Chattels
323
Replevin
327
Effect of Judgment in an Action of Trover
328
Trespass to Chattels
330
114 Wrongful Damage to Chattels
332
CHAPTER XI
334
i17 Assault
337
18 Bodily Farm
339
False Imprisonment
340
CHAPTER XII
346
Jenkins 416
348
Liability of Occupiers on Warranty of Safety
350
Liability of Occupiers to Bare Licensees
351
Liability of Occupiers to Trespassers
355
Liability of the Owners of Premises
357
Liability for Dangerous Chattels
359
Liability for Animals
364
INJURIES TO DOMESTIC RELATIONS
370
Other Injuries
376
The Defamatory Nature of a Statement
382
The Innuendo
388
Privilege
395
Qualified Privilege
401
Fair Comment
407
Privileged Reports
413
General Council
414
Clifford
421
Deceptive Trade Names Marks and Descriptions
429
CHAPTER XVI
439
3 Liability of the Superior Courts of Justice
450
Liability of Inferior Courts of Justice
451
Malicious Prosecution and Other Malicious Process
455
Erroneous and Irregular Proceedings
465
Maintenance
468
CHAPTER XVIII
470
The Breach of Statutory Duties
472
The Breach of Common Law Obligations
477
Newbold 418 421 Baily v Morland 253 259 260
7

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Popular passages

Page 32 - The court said there must be reasonable evidence of negligence; but where the thing is .shown to be under the management of the defendant or his servants, and the accident is such as, in the ordinary course of things, does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Page 194 - 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 147 - 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 60 - An action against a trade union, whether of workmen or masters, or against any members or officials thereof on behalf of themselves and all other members of the trade union in respect of any tortious act alleged to have been committed by or on behalf of the trade union, shall not be entertained by any court.
Page 38 - But there is another proposition equally well established, and it is a qualification upon the first, namely: that though the plaintiff may have been guilty of negligence, and although that negligence may, in fact, have contributed to the accident, yet if the defendant could in the result, by the exercise of ordinary care and diligence, have avoided the mischief which happened, the plaintiff's negligence will not excuse him.
Page 30 - The judge has a certain duty to discharge, and the jurors have another and a different duty. The judge has to say whether any facts have been established by evidence from, which negligence may be reasonably inferred ; the jurors have to say whether, from those facts, when submitted to them, negligence ought to be inferred.
Page 78 - That an act done for another, by a person not assuming to act for himself but for such other person, though without any precedent authority whatever, becomes the act of the principal if subsequently ratified by him, is the known and well-established rule of law.
Page 20 - Viet. c. 51 ; with an Introduction, Copious Notes, and References to all the Decided Cases in England, Scotland, and Ireland. An Appendix of Statutes, Tables, and a full Index. By ALFRED HANSON, of the Middle Temple, Esq., Barrister-at-Law, Comptroller of Legacy and Succession Duties.
Page 474 - An act done by a person in contemplation or furtherance of a trade dispute shall not be actionable on the ground only that it induces some other person to break a contract of employment or that it is an interference with the trade, business, or employment of some other person, or with the right of some other person to dispose of his capital or his labour as he wills.
Page 256 - ... it is a right only to the flow of the water, and the enjoyment of it, subject to the similar rights of all the proprietors of the banks on each side to the reasonable enjoyment of the same gift of Providence.

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