ESSENTIALS OF THE LAW. VOL.III COMPRISING THE ESSENTIAL PARTS OF POLLOCK ON TORTS; WILLIAMS ON REAL PROPERTY AND BEST ON EVIDENCE FOR THE USE OF STUDENTS AT LAW. |
Common terms and phrases
actual alienation answerable apply authority breach called cause of action circumstances common law consequence contingent remainder contract convey conveyance course Court of Chancery covenant created criminal damage decease deed defendant defendant's duty effect entitled equity estate in fee estate tail estoppel evidence execution executor executory interest exercise existence fact fee simple fee tail feoffee feoffment feoffor feudal fraud freehold gift give given grant ground harm heirs held husband incorporeal hereditaments injury intended judge judicial jurisdiction jury kind lands lease liable limited livery lord matter means ment merely mortgage mortgagor nature negligence nuisance ordinary owner particular party payment personal property plaintiff possession presumption principle proof proved purpose question Quia emptores reasonable remedy rent charge rent service rule seised seisin servant statement statute Statute of Frauds tenant in fee tenements tenure term things tion tort trespass trust vested wife witness words wrong wrong-doer
Popular passages
Page 93 - 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 319 - The rule of law is clear, that where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Page 100 - We think that the true rule of law is, that the person who for his own purposes brings on his lands 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 156 - That no action shall be brought whereby to charge any person upon any agreement made upon consideration of marriage, or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them, unless the agreement upon which. such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized,
Page 162 - And therefore on a feoffment to A and his heirs, to the use of B and his heirs...
Page 174 - Coke (vo1. 1, 1040,) is, that 'when the ancestor by any gift or conveyance takes an estate of freehold, and in the same gift or conveyance an estate is limited, either mediately or immediately, to his heirs in fee or in tail, that always in such cases 'the heirs' are words of limitation of the estate and not words of purchase.
Page 161 - ... at the time of the death of the testator, such devise shall not lapse, but shall take effect as if the death of such person had happened immediately after the death of the testator, unless a contrary intention shall appear by the will.
Page 95 - The judge has a certain duty to discharge, and the jurors have another and a different duty. The judge has to say whether any facts have been established by evidence from, which negligence may be reasonably inferred ; the jurors have to say whether, from those facts, when submitted to them, negligence ought to be inferred.
Page 18 - The principle is, that a servant, when he engages to serve a master, undertakes, as between himself and his master, to run all the ordinary risks of the service, and this includes the risk of negligence on the part of a fellow-servant, whenever he is acting in discharge of his duty as servant of him who is the common master of both.
Page 15 - The relation of master and servant exists only between persons of whom the one has the order and control of the work done by the other. A master is one who not only prescribes to the workman the end of his work, but directs, or at any moment may direct, the means also, or, as it has been put, 'retains the power of controlling the work...