The Law of Torts: A Concise Treatise on the Civil Liability at Common Law and Under Modern Statutes for Actionable Wrongs to Person and Property

Capa
Banks, 1913 - 612 páginas

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Índice

Agent as Tort Feasor
9
Torts Springing Out of Contract
10
CHAPTER II
12
Tort is Distinguishable from Crime
13
In England
14
The Distinction Between a Tort and a Breach of Contract
16
Bigby v United States
17
Plaintiffs Option to Sue in Contract or Tort
18
Advantage of Suing in Tort
19
Disadvantage or Suing in Tort
21
Rich v Railroad
22
Extending the Area of Tort
24
The Right of Privacy
25
Plaintiff Must Show Breach of Legal Duty
26
False Statements Causing Damage
27
Waiving Tort and Suing in Contracts
28
Distinction between QuasiContract and True Contract
29
QuasiDelict
31
QuasiTort
32
HARMS THAT ARE NOT TORTS PAGE 1 32 HARM MUST BE UNLAWFUL
33
34 DEFAMATION BY LEGISLATORS
34
35 JUDICIAL OFFICERS EXEMPTION
35
Lange v Benedict
36
Grove v Van Duyn
37
Judges of Inferior Courts
38
Military and Naval Courts
39
41 HARMS INFLICTED BY ACTS OF STATE
41
Liability of Government Officials to Fellow Citizens
44
Liability of Ministerial Officer
45
Who Are Ministerial Officers
48
47 HARMS DONE UNDER THE POLICE POWER
49
Harms Inflicted by Neighboring Land Owners
51
Legalizing NuisancesBritain
52
Taking Private Property
56
Destruction of Property Under the Police Power 57
57
DEFENSE OF SELF AND PROPERTY
59
Defense of Property
61
Recaption
62
Reasonable Force
63
Defense Against Animals
64
Primitive Rule
66
Modern Doctrine
67
Harm Inflicted by Lunatics
69
Unsatisfactory Reasons
70
CONFLICTING RIGHTS
71
Limits of Land Owners Privileges
72
Test of Permissible Use of Land
75
Conditional Privilege of Defamation
76
Modern Industrial Competition
77
Inducing Breach of Contract
79
Unfair Competition
81
Fraudulent Injury to Business
82
Difference of View Accounted for
84
Unlawful Combinations
85
Malicious Exercise of a Legal Right
86
ASSENT OF PLAINTIFF
87
Invalid in Some Cases at Common
88
Conflicting Views
89
Contract Implied from Accepting Benefits
90
Leave and License by Plaintiff
91
Deception of Plaintiff
92
Volenti Non Fit Injuria
93
Limitations upon Maxim
94
Positive Duty Imposed by Law
95
Spectators at Unlawful Exhibitions
96
Assumption of Risk as an Absolvent from Statutory Duty
98
Assumption of Risk a Term of Servants Contract
99
Distinguishable from Contributory Negligence
100
PLAINTIFF A WRONGDOER
101
Difficulty in Applying the Principle
102
Illegal Conduct an Element in the Cause of Action
103
Duty Towards a Law Breaker
104
Illegal Business Outside the Pale of the Law
105
Doctrine Misapplied
106
Line is Sometimes Arbitrary
107
The Opposite View
108
Usual Instruction to the Jury
110
Cutting Fire Hose or Obstructing Fire Apparatus
111
Intentional Wrongdoing
112
MENTAL ANGUISH WOUNDED FEELINGS FRIGHT NER VOUS SHOCK
113
Mental Anguish Accompanying Actionable Defamation
114
Soliciting Sexual Intercourse
115
Physical Derangement Caused by Fright
116
Mutilation of Dead Body
118
An Arbitrary Test
119
Law Values Feelings
120
Mental Anguish Caused by Illegal Conduct
121
Punishing the Wrongdoer
122
Mental Anguish Caused by the Negligence of Telegraph Companies
123
Texas Doctrine Generally Rejected
124
CHAPTER IV
126
Governmental and Private Functions
127
QuasiMunicipal Corporations
128
Cities Villages and Special Incorporated Towns
129
NonLiability of City
130
Legislative Judicial and QuasiJudicial Powers
132
Statutory Liability of Municipal Corporations
133
Liability of Municipality as Property Owner
134
Charitable Corporations
135
What Corporations are Charitable
136
Private Corporations
137
Liability for Slander
139
MEMBERS OF THE FAMILY
140
Modern Legislation
141
Double Action for Injury to Wife
142
Tort Actions between Husband and Wife
143
Tort Liability of Infants
144
Deceit by Infant
146
False Representations as to Age
147
Liability of Infant for Trover
148
Infants Liability for Negligence
149
Parents Liability for the Childs Tort
150
Parents Right to Sue for Injury to His Child
151
Tort Actions by Child Against Parent
153
ACTIONS INVOLVING THE RELATION OF MASTER AND SER VANT
154
The Masters Liability for the Servants Tort Its Basis
155
Who Is a Servant?
156
Independent Contractors
157
Who Are Independent Contractors?
158
Determined by the Contract
159
A Servant with Two Masters
161
Temporary Transfer of Service
162
Right of Selecting and Discharging Servant
163
Exceptional Liability of Employer for Torts of Independent Contractor
164
Collateral and Direct Negligence
166
What Work is Intrinsically Dangerous?
167
Incompetent or Unfit Contractor
169
SubContractors Torts
170
Evidence of Ratification
171
A Question for the Jury
173
ployment
174
Acts Not Done in the Masters Business
176
Willful Malicious and Fraudulent Acts of Servant
178
False Imprisonment and Malicious Prosecution by Servant
180
Tort Liability of Master to Servant
183
SPECIAL DUTIES OF MASTER TOWARDS SERVANT
184
2 Duty to Establish and Promulgate Proper Rules
185
Test of Sufficiency of Rules
186
For Court or Jury?
187
Assumption of Risk and Contributory Negligence of Servant
198
Servant Remaining After Knowledge of Danger
201
The Risk from FellowServants Misconduct 202
202
Reasons for the Rule
204
Who Are FellowServants? Various Tests
206
Nature and Character of the Negligent Act
207
Superior Servant Test
208
Injuries Due to Negligence of Master and FellowServant
209
Limitations of the FellowServant Rule
210
There Must be a Common Master
211
The Servants Must be Engaged in a Common Employment
212
The Servants Liability for His Torts
213
Servants Liability for NonFeasance
214
Tort Liability of Servant to Master
215
Joint Actions Against Master and Servant
216
The Opposite View
217
Employers Liability Statutes
218
CHAPTER V
220
SELFHELP
221
Forcible Recaption of Chattels
223
Entering Anothers Premises to Retake Property
225
Distress as a Form of SelfHelp
226
Risk of Abating
227
DAMAGES
229
Damages are of Three Sorts
230
4 LOCAL ACTIONS FOR TORT
247
CONTRIBUTION BETWEEN WRONGDOERS
253
Election by Judgment Creditor
260
The Effect of Satisfying a Judgment for Conversion
261
DISCHARGE BY OPERATION OF LAW
262
Legislation in This Country
263
The Dissolution of a Corporation
264
Action for Causing Death
265
Attempt to Substitute the Scotch Rule
266
Common Law Rule Modified by Statute
267
Construction of the Statutes
269
Effect of Bankruptcy on Tort Actions
270
Statute of Limitations
271
Exemptions from Statutory Bar
272
Beginning of Statutory Period
273
Conflict of Laws
274
CHAPTER VII
275
Unlawfulness of Imprisonment
277
Process Under Unconstitutional Statute or Ordinance
278
Arrest Without a Warranta By Peace Officers
279
b Arrest by a Private Person
281
Reasonable and Probable Cause
282
Unreasonable Detention of a Person Arrested
283
MALICIOUS PROSECUTION
284
The Essential Elements of the Tort
285
Malice
286
Probable Cause
288
Success or Failure of Original Prosecution
289
Advice of Counsel as Evidence of Probable Cause 290
290
Legal Damage
293
Damage to Property
294
Damage to Property Consisting in Charges and Ex penses
295
American Courts are Divided
296
Compensatory and Punitive Damages
298
A Peculiar Form of Abuse of Process 299
299
WRONGS KINDRED TO MALICIOUS PROSECUTION
301
CHAPTER VIII
303
The Right Invaded by Battery 505
305
Extended Signification of Assault
306
Justifiable Assaults
307
Damages
308
Counterclaiming Damages
309
CHAPTER IX
310
Marital Torts Against the Husband
311
326 327 328 Marital Torts Against the Wife 312 313
312
Action for Enticing Husband
314
Crim Con With Husband
315
Injuries to the Body or Reputation of the Wife
316
ABDUCTION
317
Master
324
LIBEL AND SLANDER
339
SLANDER
350
Imputing of Unfitness for Office
356
Words Not Actionable per se but Causing Special Damage
359
General Damages in Defamation
360
Difference Between Libel and Slander
362
4 DEFENSES IN ACTION FOR DEFAMATION
363
Privileged Communication
364
Function of the Court and of the Jury
367
Good Faith Presumed
368
Defamation in the performance of a Duty
369
The Performance of a Duty to the Public
370
Defamation in Judicial Proceedings
372
Newspaper Reports of Public Meetings
374
Duty Arising from the Family Relation
376
Volunteered Statements for the Benefit of Recipient
377
Defamation in SelfDefense
378
Subjects of Fair Comment
379
The Criticism of Public Men
380
What Comment on Personal Conduct is Fair
381
Criticism of Candidates for Public Office
382
Criticism of Literary Artistic or Commercial Productions and Displays
384
What Comment on Literary and Other Displays is Fair?
385
CHAPTER XI
387
Intention of Trespasser
388
Mitigation and Aggravation of Damages
389
Injuries Which are Not Trespass
390
The Possession of Plaintiff
391
Trespass by Animals 392
392
Trespasses by Animals Driven Along Highways
394
Intention to Inflict Harm is Not Material
395
Possession of Plaintiff
396
Excusable Trespasses
397
CHAPTER XII
399
Subject Matter of Trover
400
How Conversion is Committed
401
Intention to Convert
403
Conversion Without Physical Taking
404
Goods Obtained By Fraud
405
Sale of Property as a Conversion
406
Wrongful Use of Property as a Conversion
407
Conversion of Principals Property by Agent
408
Asportation or Detention by a Mere Custodier 409
409
Conversion by a Finder
411
Conversion by Unlawful Detention
412
Unconditional Refusal
413
Conversion by a Tenant in Common
415
Conversion by Pledgee
416
CHAPTER XIII
418
Statement of Fact
419
SLANDER OF TITLE
434
CHAPTER XIV
450
PUBLIC NUISANCE
464
CHAPTER XV
477
CONTRIBUTORY NEGLIGENCE
487
IMPUTED NEGLIGENCE
500
CHAPTER XVI
533
THEIR DUTIES TO THE PUBLIC
537
NonRepetition of Messages
556
TO RESTRAIN WASTE
564
3 TO RESTRAIN NUISANCES
565
THE OBLIGATION OF INJUNCTIONS
578
561
611
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Página 50 - To justify the State in thus interposing its authority in behalf of the public, it must appear, first, that the interests of the public generally, as distinguished from those of a particular class, require such interference ; and, second, that the means are reasonably necessary for the accomplishment of the purpose, and not unduly oppressive upon individuals.
Página 537 - Property does become clothed with a public interest when used in a manner to make it of public consequence, and affect the community at large. When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created.
Página 504 - 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.
Página 545 - It is agreed between the sender of the following message and this company that said company shall not be liable for mistakes or delays in the transmission or delivery or non-delivery of any unrepeated message, whether happening by negligence of its servants or otherwise, beyond the amount received for sending the same...
Página 204 - These are perils which the servant is as likely to know, and against which he can as effectually guard, as the master.
Página 505 - ... who has brought something on his own property which was not naturally there, harmless to others so long as it is confined to his own property, but which...
Página 328 - A good name is rather to be chosen than great riches, and loving favor rather than silver and gold.
Página 562 - An agreement or combination by two or more persons to do or procure to be done any act in contemplation or furtherance of a trade dispute between employers and workmen shall not be indictable as a conspiracy if such act committed by one person would not be punishable as a crime.
Página 460 - ... those acts necessary for the common and ordinary use and occupation of land and houses may be done, if conveniently done, without subjecting those who do them to an action.
Página 116 - Assuming that fright cannot form the basis of an action, it is obvious that no recovery can be had for injuries resulting therefrom. That the result may be nervous disease, blindness, insanity, or even a miscarriage, in no way changes the principle. These results merely show the degree of fright, or the extent of the damages.

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