A Treatise on the Law of Torts, Or, The Wrongs which Arise Independent of Contract |
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Page 2
In a primitive state of society , while occupations are few and the transactions of business and trade are simple , the judge is seldom called upon to give redress , except for lawless and reckless conduct , where only the facts are in ...
In a primitive state of society , while occupations are few and the transactions of business and trade are simple , the judge is seldom called upon to give redress , except for lawless and reckless conduct , where only the facts are in ...
Page 3
No government has undertaken to give redress whenever an act was found to be wrong , judged by the standard of strict morality ; nor is it likely that any government ever will . Of the reasons that would preclude such an attempt ...
No government has undertaken to give redress whenever an act was found to be wrong , judged by the standard of strict morality ; nor is it likely that any government ever will . Of the reasons that would preclude such an attempt ...
Page 16
the value of any law consists in the habitual reception and the spontaneous obedience which the people are expected to give to it , and which they will give when they have become accustomed to and understand its obligations .
the value of any law consists in the habitual reception and the spontaneous obedience which the people are expected to give to it , and which they will give when they have become accustomed to and understand its obligations .
Page 19
... every judge will construe the code according to the inclination of his own mind ; one judge strictly , lest he be chargeable with judge - made law ; another liberally , lest he fail in some cases to give the redress * which justice ...
... every judge will construe the code according to the inclination of his own mind ; one judge strictly , lest he be chargeable with judge - made law ; another liberally , lest he fail in some cases to give the redress * which justice ...
Page 26
To demand a money payment for the taking of a life was to give to it no reasonable security whatever ; it rather held ont inducement to the indulgence of passion by promising immunity at 80 slight a sacrifice . Wiser laws take notice of ...
To demand a money payment for the taking of a life was to give to it no reasonable security whatever ; it rather held ont inducement to the indulgence of passion by promising immunity at 80 slight a sacrifice . Wiser laws take notice of ...
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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 |