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action actual admissible allowed already appears applied averment became become Bracton Canon law cause civil claim common law compensation conclusive proof consequence consideration considered contract course court custom damage debt deed defendant distinction doctrine early Edward effect English established estoppel exception exclusion existence fact follows force founded give given grant ground hand Henry important injury instances intention judgment jury justice king land law of evidence liability limitation Lord matter means measure memory merely namely nature necessary negligence oath object obligation origin parol particular party period person plaintiff plea possession practice prescription presumption prevent principle promise proof prove punishment question reason recognised record regarded result rule rule of evidence seems seisin statute sufficient term testimony theory thing torts trespass trial true truth witnesses writ writing wrong
Page 154 - We think that the true rule of law is that the person who, for his own purposes, brings on his land 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 153 - If I am the owner of an animal in which by law the right of property can exist, I am bound to take care that it does not stray into the land of my neighbour ; and I am liable for any trespass it may commit, and for the ordinary consequences of that trespass. Whether or not the escape of the animal is due to my negligence is altogether immaterial.
Page 149 - But if the ox were wont to push with his horn in time past, and it hath been testified to his owner, and he hath not kept him in, but that he hath killed a man or a woman ; the ox shall be stoned, and his owner also shall be put to death.
Page 155 - If a person brings, or accumulates, on his land anything which, if it should escape, may cause damage to his neighbor, he does so at his peril. If it does escape and cause damage, he is responsible, however careful he may have been, and whatever precautions he may have taken to prevent the damage.
Page 146 - In considering whether a Defendant is liable to a Plaintiff for damage which the Plaintiff may have sustained, the question in general is not whether the Defendant has acted with due care and caution, but whether his acts have occasioned the damage.
Page 136 - Then ye shall appoint you cities to be cities of refuge for you; that the slayer may flee thither, which killeth any person at unawares. 12 And they shall be unto you cities for refuge from the avenger; that the manslayer die not, until he stand before the congregation in judgment.
Page 178 - And thus it is that every person is bound and hath virtually agreed to pay such particular sums of money as are charged on him by the sentence, or assessed by the interpretation of the law.
Page 189 - Where a man is under a moral obligation, which no court of law or equity can enforce, and promises, the honesty and rectitude of the thing is a consideration.