Essays in Jurisprudence and Legal History |
Other editions - View all
Common terms and phrases
absolute liability action of debt action of trespass administration of justice admissible applied assumpsit auditu Bracton breach Canon law civil liability claim common law common right compensation compurgators conclusive presumption conclusive proof consequence consideration court covenant custom damage deceit defendant detinue detriment distinction doctrine early law Edward English law equity established estoppel by deed exclusion existence fact feoffment Glanville Henry VI injury intention judgment judicium jury jus commune land law of evidence legal theory limitation Lord matter in writing matter of averment matter of record maxim memory merely modern negative prescription negligence oath obligation ordeal origin parol evidence party person plaintiff possession probative force promise promisor prove quid pro quo reason recognised regarded reign remedy rule of evidence says seisin special law statute substantive law sufficient testimonial incapacity thing tion trial true villein witnesses writ of right wrong wrong-doer
Popular passages
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 166 - The fathers shall not be put to death for the children, neither shall the children be put to death for the fathers: every man shall be put to death for his own sin.
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.
Page 137 - And the revenger of blood find him without the borders of the city of his refuge, and the revenger of blood kill the slayer ; he shall not be guilty of blood : 28 Because he should have remained in the city of his refuge...