The Theory and Principles of Tort Law

Front Cover
Beard Books, 1999 - Law - 500 pages

From inside the book

What people are saying - Write a review

We haven't found any reviews in the usual places.

Contents

II
1
III
4
IV
10
V
12
VI
15
VII
19
VIII
26
IX
29
LXXIII
212
LXXIV
214
LXXV
216
LXXVI
223
LXXVII
231
LXXVIII
234
LXXIX
238
LXXX
242

X
35
XI
37
XII
38
XIII
41
XIV
45
XV
49
XVI
51
XVII
55
XVIII
56
XIX
57
XX
59
XXI
60
XXII
62
XXIII
63
XXIV
65
XXV
67
XXVI
68
XXVIII
71
XXIX
73
XXX
84
XXXI
86
XXXII
89
XXXIII
91
XXXIV
95
XXXV
96
XXXVI
98
XXXVII
101
XXXVIII
107
XXXIX
109
XL
120
XLI
122
XLII
124
XLIII
125
XLIV
127
XLV
134
XLVI
136
XLVII
140
XLVIII
142
XLIX
144
L
147
LI
149
LII
155
LIII
156
LIV
157
LV
159
LVI
162
LVII
164
LVIII
170
LIX
172
LX
175
LXI
178
LXII
182
LXIII
184
LXV
186
LXVI
191
LXVII
193
LXVIII
198
LXIX
202
LXX
204
LXXI
206
LXXII
211
LXXXI
246
LXXXII
250
LXXXIII
255
LXXXIV
257
LXXXV
261
LXXXVI
263
LXXXVII
265
LXXXVIII
267
XC
273
XCI
281
XCII
291
XCIII
296
XCIV
299
XCV
300
XCVI
302
XCVII
307
XCVIII
313
XCIX
316
C
318
CI
322
CII
323
CIII
326
CIV
334
CV
335
CVI
337
CVII
342
CVIII
347
CIX
361
CX
365
CXI
372
CXII
374
CXIII
377
CXIV
382
CXV
385
CXVI
389
CXVII
392
CXVIII
393
CXIX
398
CXX
399
CXXI
413
CXXII
415
CXXIII
418
CXXIV
421
CXXV
425
CXXVI
432
CXXVII
435
CXXVIII
437
CXXIX
441
CXXX
443
CXXXI
457
CXXXII
460
CXXXIII
471
CXXXIV
472
CXXXV
477
CXXXVI
479
CXXXVII
491
CXXXVIII
496
CXXXIX
498
CXL
499
Copyright

Common terms and phrases

Popular passages

Page 88 - ... such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.
Page 116 - The question always is, Was there an unbroken connection between the wrongful act and the injury, a continuous operation ? Did the facts constitute a continuous succession of events, so linked together as to make a natural whole...
Page 498 - What hindered him from seeing this, was the childish fiction employed by our judges, that judiciary or common law is not made by them, but is a miraculous something made by nobody, existing, I suppose, from eternity, and merely declared from time to time by the judges.
Page 107 - J., observed that in order for it to apply "there must be reasonable evidence of negligence, but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen, if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care.
Page 96 - Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do...
Page iii - The truth is, that the law is always approaching, and never reaching, consistency. It is forever adopting new principles from life at one end, and it always retains old ones from history at the other, which have not yet been absorbed or sloughed off. It will become entirely consistent only when it ceases to grow.
Page 167 - ... if the defendants desire to succeed on the ground that the maxim " Volenti non fit injuria" is applicable, they must obtain a finding of fact ' that the plaintiff freely and voluntarily, with full knowledge of the nature and extent of the risk he ran, impliedly agreed to incur it.
Page 171 - ... the workman, or in case the injury results in death, the legal personal representatives of the workman, and any persons entitled in case of death, shall have the same right of compensation and remedies against the employer as if the workman had not been a workman of nor in the service of the employer, nor engaged in his work.
Page 64 - Now the jury have distinctly found, not only that there was no negligence in the construction or the maintenance of the reservoirs, but that the flood was so great that it could not reasonably have been anticipated, although if it had been anticipated, the effect might have been prevented ; and this seems to us in substance a finding that the escape of water was owing to the act of God.
Page 192 - Something has been said of a right to a reasonable support for the surface ; but we cannot measure out degrees to which the right may extend ; and the only reasonable support is that which will protect the surface from subsidence, and keep it securely at its ancient and natural level.

Bibliographic information