A Treatise on the Law of Torts, Or, The Wrongs which Arise Independent of Contract |
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Page 54
One who obtains property by a fraudulent parchase becomes a wrong - doer in respect to the possession so soon as the sale is rescinded for the fraud , and the vendor may reclaim it by peaceable entry . ' The right to retake [ * 52 ] is ...
One who obtains property by a fraudulent parchase becomes a wrong - doer in respect to the possession so soon as the sale is rescinded for the fraud , and the vendor may reclaim it by peaceable entry . ' The right to retake [ * 52 ] is ...
Page 56
If the intermixture is fraudulent the Ten Eyck , 2 Johns . ... Schmultz , one buys a stock of goods with fraud . 20 III . 185. ... of upon all the goods as the property of the property , certainly not unless the the fraudulent vendor .
If the intermixture is fraudulent the Ten Eyck , 2 Johns . ... Schmultz , one buys a stock of goods with fraud . 20 III . 185. ... of upon all the goods as the property of the property , certainly not unless the the fraudulent vendor .
Page 104
... there is cona breach of contract only , or also as structive fraud , or a negligence that a tort , leads to a somewhat difficult operates as such , and it is that fraud search for a distinguishing test . and that negligence , which ...
... there is cona breach of contract only , or also as structive fraud , or a negligence that a tort , leads to a somewhat difficult operates as such , and it is that fraud search for a distinguishing test . and that negligence , which ...
Page 105
The tort consists in his having been , by fraud and falsehood , induced to make the purchase . There is a broken contract , but there is also something more : there is deception to the injury of the purchaser in procuring the contract ...
The tort consists in his having been , by fraud and falsehood , induced to make the purchase . There is a broken contract , but there is also something more : there is deception to the injury of the purchaser in procuring the contract ...
Page 123
So if an infant effects a sale by means of deception and fraud , his infancy protects him . The general rule on this subject has been given in a recent case as follows : " An infant is liable in an action ex delicto for an actual and ...
So if an infant effects a sale by means of deception and fraud , his infancy protects him . The general rule on this subject has been given in a recent case as follows : " An infant is liable in an action ex delicto for an actual and ...
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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 |