A Treatise on the Law of Torts, Or, The Wrongs which Arise Independent of Contract |
From inside the book
Results 1-5 of 62
Page 2
Many cases exist where the complaining party may , on the same state of facts , at his option , count upon a breach of contract as his grievance , or complain of a wrong in a manner that puts the contract out of view .
Many cases exist where the complaining party may , on the same state of facts , at his option , count upon a breach of contract as his grievance , or complain of a wrong in a manner that puts the contract out of view .
Page 3
Between actions cases à tort only arises in conse- plainly ex contractu and those as quence of the disregard of contract clearly ex delicto , there exists what relations . Addison ( on Torts , p . 1 , ) has been termed a border land ...
Between actions cases à tort only arises in conse- plainly ex contractu and those as quence of the disregard of contract clearly ex delicto , there exists what relations . Addison ( on Torts , p . 1 , ) has been termed a border land ...
Page 5
The term natural liberty is sometimes made use of by writers on law and on politics in a sense implying that freedom from restraint which exists before any government has imposed its limitations . But in no proper or valuable sense has ...
The term natural liberty is sometimes made use of by writers on law and on politics in a sense implying that freedom from restraint which exists before any government has imposed its limitations . But in no proper or valuable sense has ...
Page 10
... and defining political liberty as consisting in an effectnal [ * 10 ] * participation of the people in the making of the laws . The former may exist when the latter is absent ; but since it would be perpetually liable to be broken ...
... and defining political liberty as consisting in an effectnal [ * 10 ] * participation of the people in the making of the laws . The former may exist when the latter is absent ; but since it would be perpetually liable to be broken ...
Page 12
In fact , its principles now depend very largely on a species of judicial legislation which from time to time , as new conditions were found to exist , has endeavored to fit and conform the old law to them . In making use of this term ...
In fact , its principles now depend very largely on a species of judicial legislation which from time to time , as new conditions were found to exist , has endeavored to fit and conform the old law to them . In making use of this term ...
What people are saying - Write a review
We haven't found any reviews in the usual places.
Common terms and phrases
action actual Allen allowed applied authority Bank Barb become Boston Brown building cause Cent charge Chicago child circumstances City Clark committed common Conn consequence constitute contract corporation court damages Davis defendant duty easement effect entitled exist fact false fraud give given Gray ground held Hill husband individual injury interest Iowa Johns Johnson Jones judge land liable loss Mass master means Mich Minn Miss nature necessary negligence notice nuisance officer Ohio owner party Penn person plaintiff possession proper protection question R. R. Co railroad reason received recover relation remedy respect responsible result rule sell servant Smith statute suffered sufficient suit supposed taken tion tort trespass unless Wend West wife Wood wrong York
Popular passages
Page 301 - Every husband, wife, child, parent, guardian, employer or other person, who shall be injured in person or property, or means of support, by any intoxicated person, or in consequence of the intoxication, habitual or otherwise, of any person...
Page 679 - We think that the true rule of law is, that the person who for his own purposes brings on his lands 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 310 - Whenever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default, is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages, in respect thereof...
Page 338 - That all persons within the jurisdiction of the United States shall be entitled to the full and equal enjoyment of the accommodations, advantages, facilities, and privileges of inns, public conveyances on land or water, theaters, and other places of public amusement; subject only to the conditions and limitations established by law, and applicable alike to citizens of every race and color, regardless of any previous condition of servitude.
Page 148 - 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 31 - ... No right is held more sacred, or is more carefully guarded, by the common law, than the right of every individual to the possession and control of his own person, free from all restraint or interference of others, unless by clear and unquestionable authority of law. As well said by Judge Cooley, " The right to one's person may be said to be a right of complete immunity : to be let alone.
Page 330 - It is a part of every man's civil rights that he be left at liberty to refuse business relations with any person whomsoever, whether the refusal rests upon reason, or is the result of whim, caprice, prejudice or malice.
Page 96 - An act which does not amount to a legal injury cannot be actionable because it is done with a bad Intent.
Page 584 - Whether the party thus misrepresenting a fact knew it to be false, or made the assertion without knowing whether it were true or false, is wholly immaterial; for the affirmation of what one does not know, or believe to be true, is equally, in morals and law, as unjustifiable as the affirmation of what is known to be positively false.
Page 310 - ... the jury may give such damages as they may think proportioned to the injury resulting from such death to the parties respectively for whom and for whose benefit such action shall be brought...
Bibliographic information
| Title | A Treatise on the Law of Torts, Or, The Wrongs which Arise Independent of Contract Issues 75566-75577 of 19th-century legal treatises Making of modern law |
| Author | Thomas McIntyre Cooley |
| Edition | 2 |
| Publisher | Callaghan, 1888 |
| Length | 899 pages |
| Export Citation | BiBTeX EndNote RefMan |