A Treatise on the Law of Torts, Or, The Wrongs which Arise Independent of Contract |
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Page 2
Imperfect as it is , however , the classification has been found sufficient for judicial purposes ; and where forms of action have been abolished by statute the old distinctions are still kept in view in giving redress .
Imperfect as it is , however , the classification has been found sufficient for judicial purposes ; and where forms of action have been abolished by statute the old distinctions are still kept in view in giving redress .
Page 3
Of the reasons that would preclude such an attempt , or render it futile if made , it will be sufficient here to mention the following : Any standard by which the law can nndertake to compel the people to regnlate their conduct must be ...
Of the reasons that would preclude such an attempt , or render it futile if made , it will be sufficient here to mention the following : Any standard by which the law can nndertake to compel the people to regnlate their conduct must be ...
Page 4
The mere suggestion of these [ * 4 ] * requirements is sufficient to make clear to the mind the impossibility of making moral wrong the test of legal wrong . It follows that there must of necessity be a legal standard of right and wrong ...
The mere suggestion of these [ * 4 ] * requirements is sufficient to make clear to the mind the impossibility of making moral wrong the test of legal wrong . It follows that there must of necessity be a legal standard of right and wrong ...
Page 11
... is best for the whole political society , so that though the few may * receive [ * 11 ] the direct benefit , all others will be supposed to receive incidental benefits sufficient to justify the grant of such privileges .
... is best for the whole political society , so that though the few may * receive [ * 11 ] the direct benefit , all others will be supposed to receive incidental benefits sufficient to justify the grant of such privileges .
Page 38
2 Where husband and wife are liv . ing together and he makes her an allowance sufficient for her clothes and has forbidden her to pledge his credit , he is not liable as for neces . saries to a tradesman who has sold her clothing ...
2 Where husband and wife are liv . ing together and he makes her an allowance sufficient for her clothes and has forbidden her to pledge his credit , he is not liable as for neces . saries to a tradesman who has sold her clothing ...
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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 |