All Souls College by
Frederick Pollock, M.A.
Corpus Professon of Jurisprudence

4 Oct. 188y

LAW OF TORTS,

AND THE

MEASURE OF DAMAGES.

A

MANUAL

C

OF THE

LAW OF TORTS,

AND OF THE

MEASURE OF DAMAGES.

BY

CHARLES COLLETT,

LATE OF THE MADRAS CIVIL SERVICE; OF LINCOLN'S INN, BARRISTER-AT-LAW;
FORMERLY A JUDGE OF THe high court AT MADRAS; AUTHOR OF

66 THE LAW OF SPECIFIC RELIEF IN INDIA,"

66 COMMENTS ON THE PENAL CODE."

Injuria ex eo dicta est, quod non jure fiat: omne enim quod non jure fit,
injuria fieri dicitur.-ULPIAN.

If men will multiply injuries, actions will be multiplied too, for every
man that is injured ought to have his recompense.-Lord Holt in Ashby
V. White.

SIXTH EDITION,
Considerably Enlarged.

MADRAS:

HIGGINBOTHAM AND

CO.

By Appointment in India to His Royal Highness the Prince of Wales,
and Publishers to the Madras University.

1886.

(The copyright and right of translation are reserved.)

PREFACE

TO THE SIXTH EDITION.

IN the present edition I have made considerable additions. Besides the numerous cases of importance which have been reported since the last edition, the results of which had now to be embodied, I have thought it useful in several places to materially expand my former exposition of certain leading principles. I have also carefully studied and compared with my own work several entirely new books and new editions of books, which have appeared since my last edition was published. The labour involved has been very great, far more than is apparent from the references in the foot-notes; but, while I have had very little to correct, I have the satisfaction of feeling that I have done all that care and diligence can effect to secure the accuracy of my present edition. It has always been my desire that my work should have the characteristics of a Manual as distinguished from a formal treatise; and in the additions now introduced I have sought, as hitherto, to exclude all mere details of cases, except when now and again they could be brought in usefully as brief and pointed illustrations of principles. The statement and exposition of principles apart from mere details of cases should be the special feature of a Manual; and it is a comparatively easier task to compile a treatise, by setting out and commenting on a series of cases, than it is to extract and state, in the shape of distinct propositions, the doctrines which really formed the grounds of decision. If any one is inclined to doubt