PREFACE. Ir may be right to give some explanation of the considerable increase in the scope and size of the present Edition, the preparation of which was, in fact, begun without any intention of materially adding to the length of the Book. After some progress had been made it was felt that what was really necessary was an examination of the whole subject of the duty and responsibilityat least so far as civil consequences are concerned-of any person who employs others to do work for him, whether under his supervision or independently. Accordingly, the Work was begun afresh; and as it is now presented to the profession, will, we hope, be found to give a complete view not only of the liability of a Master for the acts of his Servants, but of the general position of one who carries on operations, in connection with which injury may be caused to the persons or property of others. The extent of the duty in relation to the nature of the operations themselves, is, therefore, first considered; and is followed by an examination of the relationship of the Employer-whether an individual or a collective body-to the various classes of persons employed, and the general responsibility which it entails upon him, both to the community at large and to the employés. To this naturally succeeds, in accordance with the arrangement adopted in the Second Edition, a discussion of the provisions of the Employers' Liability Act, which has now been supplemented by a Chapter on Damages generally, as well as on the special and limited compensation under that Act. The important effect which the death of either party may have upon the right of action required a separate Chapter, while a general view of the defences which the Employer may have recourse to, concludes the Treatise as before. As the Book thus deals with matters not included in the law either of Master and Servant, or of Negligence simpliciter, we trust that it may afford assistance in all cases where satisfaction for an injury to person or property is sought from some person other than the actual wrongdoer, whose own liability, it may be observed, has not been overlooked. References both to the Law Reports and to the Law Journal have been given in the body of the Work, while the other contemporaneous Reports will be found in the Table of Cases. In order to facilitate reference to the text the numbers of the pages have been placed, as in the last Edition, in the margin of the Statutes contained in the Appendices. To Mr. John Digby, of the Middle Temple, whose careful instruction of his pupils in the Common Law we still gratefully remember, our thanks are now due for some valuable suggestions; and we are also indebted to Mr. C. A. Ferard, of the Inner Temple, for the assistance which he has kindly afforded to us while the Work was passing through the press. TEMPLE, 1st August, 1885. W. HOWLAND ROBERTS. |