The Law of Torts: A Concise Treatise on Civil Liability for Actionable Wrongs to Person and Property

Francis Marion Burdick

Banks, 1926 - 617 pagina's

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Inhoudsopgave

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Inhoudsopgave

PAGE	lviii

THE NATURE OF TORT	1

3 FAULT AND ABSOLUTE LIABILITY	7

HARM TO BE ACTIONABLE MUST BE UNLAWFUL	12

Injury by Animals and Fire	13

PURPOSE MOTIVE AND MALICE IN TORTS	21

MALICIOUS PROSECUTION	26

Legal Cause	27

Liberty of Speech and Press	367

Language to Be Construed in Its Ordinary Sense	368

The Office of Innuendo	370

Words Actionable Per Se	371

Imputing Unchastity	374

Imputation of Unfitness for Office	375

Words Which Prejudice a Person in His Profession or Trade	376

Words Not Actionable Per Se	378

8 TORT AND CRIME	42

Agents Failure to Transmit Offer	48

Unsatisfactory Reasons for Denying Right of Recovery	61

EXERCISE OF GOVERNMENTAL POWERS	64

Texas Doctrine Generally Rejected	67

Recaption	70

65	85

Contracts Affecting Accrued Liability	110

Assumption of Risk and Contributory Negligence	118

19 ACTS JUSTIFIED BY RELATIONSHIP OR NECESSITY	125

PRIVATE CORPORATIONS	145

MEMBERS OF THE FAMILY	148

Legislation Affecting Actions by or against Third Persons	149

Double Action for Injury	150

Tort Actions between Husband and Wife	151

Tort Liability of Infants	153

Relationship of Tort and Contract	154

Deceit by Infant	155

Liability of Infant in Trover	156

Infants Liability for Negligence	158

Parents Liability for the Childs Tort	159

Tort Action for Injury to Child	160

Tort Actions by Child against Parent	162

EMPLOYERS LIABILITY TO THIRD PERSONS	163

Public Officers	164

Basis of the Liability	165

Tort Liability Based upon Voluntary Relationship	166

Independent Contractors	167

Who are Independent Contractors?	168

Relationship Determined by the Contract	169

A Servant with Two Masters	170

Temporary Transfer of Service	172

Right of Selecting and Discharging Servant	173

Exceptional Liability of Employer for Torts of Independent Contractor	174

Liability when the Work Done is Dangerous	175

What Work is Intrinsically Dangerous?	176

Incompetent or Unfit Contractor	178

Subcontractors Torts	179

Course of Employment in the Masters Business	180

A Question for the Jury	182

Wilful and Malicious Torts against Person and Property	183

False Imprisonment and Malicious Prosecution by Servant	184

Acts Not Done in the Masters Business	186

Deviation for Independent Journey	188

The Family Car	190

Joint Actions against Master and Servant	193

TORT LIABILITY OF SERVANT AND AGENT	194

Servants Liability for NonFeasance	195

Tort Liability of Servant to Master	197

TORT LIABILITY OF MASTER TO SERVANT	198

2 Duty to Establish and Promulgate Proper Rules	200

Test of Sufficiency of Rules	201

For Court or Jury?	202

3 Duty to Provide a Safe Place to Work	203

Safety of Place Dependent upon CoServants	204

Court and Jury	206

Safety of Appliances and Fellow Servants	208

Keeping Appliances Safe	209

5 Duty to Warn of Danger	210

Court and Jury	211

Assumption of Risk and Contributory Negligence to Be Dis tinguished	212

Servant Remaining after Knowledge of Danger	215

Reasons for the Rule	217

Who are Fellow Servants? Various Tests	219

Nature of the Act Test	220

Superior Servant Test	221

Injuries Due to Negligence of Master and Fellow Servant	222

Limitations of the FellowServant Rule	223

There Must Be a Common Master	224

The Servants Must Be Engaged in a Common Employment	225

Employers Liability and Workmens Compensation Acts	226

ALIEN ENEMIES AND FELONS	227

Felons	228

CHAPTER IV	229

SELFHELP	230

Forcible Recaption of Chattels	232

Entering Anothers Premises to Retake Property	233

Distress as a Form of SelfHelp	234

Abatement of Nuisances	235

DAMAGES	237

Damages Are of Three Sorts	238

Ordinary or Compensatory Damages	240

Against Whom Punitive Damages Allowable?	242

Damages Recoverable from Joint Wrongdoers	243

Punitive Damages Against Master for Acts of Servant	244

Punitive Damages against Municipal Corporations	245

Punitive Damages for Conversion of Property	246

Conversion of Property of Fluctuating Value	247

Liability of Independent but Concurrent Wrongdoers	248

Interest as an Element of Damages in Tort Actions	249

Avoidable Damages	251

The Functions of Court and Jury	252

Damages Not to be Split Up	254

LOCAL AND TRANSITORY ACTIONS FOR TORT	256

A Tort by Lex Loci and Lex Fori	257

Injury Which Is Not Tortious by the Lex Fori	258

Defenses Generally Depend upon the Lex Loci	259

INDEMNITY AND CONTRIBUTION BETWEEN WRONG DOERS	260

Right to Contribution	262

INJUNCTION AS A TORT REMEDY	263

Modern Application of Established Principles	264

CommonLaw Remedies Insufficient to Protect from Waste	265

Requisites for the Injunction to Restrain Waste 266	266

Injunction to Restrain Nuisances	267

Injunction against Trespass	270

Use of Injunction to Prevent Other Mischiefs	272

Not Granted in Purely Political Controversies	273

Nor to Restrain Libel	275

To Restrain Boycotts Combinations and Conspiracies	277

Injunction on Behalf of the Government	278

The Obligation of Injunctions	279

CHAPTER V	281

Agreement Subsequent to the Tort	282

A Covenant Not to Sue	284

Discharge by Judgment	285

Election by Judgment Creditor	286

The Effect of Satisfying a Judgment for Conversion	287

DISCHARGE BY OPERATION OF LAW	288

Legislation in This Country	289

The Dissolution of a Corporation	290

Attempt to Substitute the Scotch Rule	291

CommonLaw Rule Modified by Statute	292

The Statutes Create New Causes of Action	293

Construction of the Statutes	294

Effect of Bankruptcy on Tort Actions	296

Exemptions from Statutory Bar	297

Beginning of Statutory Period	298

Conflict of Laws	299

CHAPTER VI	300

Unlawfulness of Imprisonment	302

Justification Under Legal Process	303

Process Under Unconstitutional Statute or Ordinance	304

WRONGS KINDRED TO MALICIOUS PROSECUTION	324

Extended Signification of Assault	330

CHAPTER VIII	334

Marital Torts Against the Husband	335

Marital Torts Against the Wife	337

THE PARENTS RIGHTS	341

Parents Right of Action Resulting from Injury to Child	342

Injury to Parent by Seduction of Daughter	343

The Same Subject	344

Damages in Actions for Seduction	345

45 INTERFERENCE WITH RELATIONSHIP OF MASTER AND SERVANT	346

Torts Against the Servant by Wrongfully Influencing the Master	347

CHAPTER IX	349

Injury to Reputation by Means Other Than Defamation	350

Publication	352

Lack of Intention to Publish	354

Alleging Publication	355

Communication which Is Not Publication	356

Repetition of Defamation	357

Joint Publication	359

LIBEL	360

Definition of Civil Libel	362

Libels Affecting Ones Vocation	364

Libel of a Class	365

Province of the Court and the Jury	366

DAMAGES IN DEFAMATION	379

Aggravation and Mitigation of Damages	380

DEFENSES IN ACTIONS FOR DEFAMATION	381

Privileged Communications	383

Functions of the Court and of the Jury	386

Good Faith Presumed	387

Defamation in the Performance of a Duty	388

The Performance of a Duty to the Public	389

Reports of Public Proceedings	391

Defamation in the Performance of Private Duty	393

Duty Arising from the Family Relation	394

Volunteered Statements for the Benefit of Recipient	396

Fair Comment	397

The Criticism of Public Men	398

What Comment on Personal Conduct Is Fair	399

Fact and Comment as to Candidates for Public Office	401

Criticism of Literary Artistic or Commercial Productions and Displays	402

What Comment on Literary and Other Displays Is Fair	403

Apology and Retraction	404

CHAPTER X	405

Injuries Which Are Not Trespass	406

Trespass to Chattels	407

INCIDENTS OF TRESPASS	408

Mitigation and Aggravation of Damages	409

The Person Entitled to Maintain Action for Trespass	410

The Right to Damages for Trespass to Land	411

Trespass by Animals	412

Duty of Landowner to Trespassers	415

CHAPTER XI	417

Against Whom the Tort May Be Committed	418

Effect of Judgment and Satisfaction	419

HOW CONVERSION IS COMMITTED	420

Intention to Convert	421

Goods Obtained by Fraud or from an Infant	422

Excluding the Rightful Owner or Possessor Misfeasance and Nonfeasance	423

Sale of Property as a Conversion	424

Purchaser and Pledgee are Also Liable for Conversion	425

Wrongful Use of Property as a Conversion	426

Conversion of Principals Property by Agent	427

Conversion by a Finder or Involuntary Depositary	428

Conversion by Unlawful Detention	430

Unconditional Refusal	431

Conversion by a Tenant in Common	432

Conversion by Pledgee	433

Tender of Converted Goods by Defendant	434

CHAPTER XII	436

False Statements not Constituting Actionable Deceits	437

Promises and Statements of Intention	438

Deception by Silence	439

Opinion as Distinguished from Fact	440

Statement as to a Persons Credit	442

Misrepresentation of Law	443

Intention to Deceive Knowledge of the Untruth	444

Intended to Induce Plaintiff	447

Corrupt Motive Unnecessary	448

a Inducing Plaintiff to Act to his Injury	449

Need Not Be Sole Inducement	451

Damages in Actions of Deceit	452

SLANDER OF TITLE	453

Falsity and Malice	454

Rival Claimants to Property	455

Slander of Title and Damage	456

UNFAIR BUSINESS PRACTICES	457

Unfair Competition a Modern Term	459

The Nature of this Tort	460

Infringement of TradeMarks	461

Words Symbols and Devices Which Are Not TradeMarks	464

Deceit as the Basis of Suit	465

The Fraudulent Use of a Proper or Corporate Name	466

Imitating Packages and Buildings	468

Abandonment and Laches	469

The Federal Trade Commission	470

Inducing Breach of Contract	471

CONSPIRACY	474

The Element of Coercion	476

Conspiracy on the Part of Labor	479

Boycotts by Employers and in Professional and Business Competition	481

CHAPTER XIII	483

Legalizing Nuisances	484

Turning Lawful Acts into Nuisances	485

Nuisances Per Se	486

Lawful and Laudable Business	487

Injury to Property	488

Personal Discomfort	490

Discomfort to Ordinary Persons	491

Temporary Annoyance	492

Negligence Not Necessary	493

Coming to a Nuisance	495

PUBLIC NUISANCE	496

PARTIES TO NUISANCE ACTIONS	498

Nuisance to Health	499

Who May Be Sued for a Nuisance	500

Liability of Grantee	501

Landlord and Tenant	502

Landowner and Licensee	503

Defendants Misconduct Not the Sole Cause of Harm	504

REMEDIES FOR NUISANCE	505

Relief by Injunction	506

CHAPTER XIV	508

Distinguishable from Intentional Wrongdoing	509

Degrees of Negligence	510

Examples of the Three Degrees	512

Liability Without Fault	513

PROVING NEGLIGENCE	514

Res Ipsa Loquitur	515

Functions of Court and Jury	517

CONTRIBUTORY NEGLIGENCE	519

Burden of Proof	520

What Amounts to Contributory Negligence	522

The Last Clear Chance	524

Plaintiff Incurs Risk Because of Defendants Misconduct	526

Attempts to Save Property	528

Assumption of Risk	529

Young Children and Other Incapables	530

IMPUTED NEGLIGENCE	531

Carrier or Driver and Passenger	532

Bailor and Bailee	533

Negligence of Beneficiary in Action for Death	535

PECULIAR LIABILITY	536

Liability for Trespass and Nuisances	539

Vicious Animals	540

Liability for Explosives	542

Poisons and Other Dangerous Articles	543

Common Carriers Liverymen Caterers etc	545

Liability of Landowners to Lawful PassersBy	546

Liability of Landowner to Invited Persons	547

Liability to Licensees	548

Liability to Trespassers	550

Trespasser Converted into Licensee	551

Authorities for the Infant	552

Railroad Company v Stout	554

Alluring Nuisances	557

Hardship for the Landowner	558

Reaction from Railroad Company v Stout	559

Repudiation of Railroad Company v Stout	561

TORT LIABILITY OF TELEGRAPH AND TELEPHONE COMPANIES	564

They Are Not CommonLaw Common Carriers	565

Bailees for Hire	566

Duty of Service	567

Must Not Discriminate Unfairly	569

Statutory Provisions	570

Entitled to Reasonable Compensation	571

May Establish Proper Regulations	573

Right to Contract for Exemption from CommonLaw Lia bility	574

Contracting for Exemption from Gross Negligence	576

Addressee as Such Has no Right of Action in England	578

When an Addressee Is a Stranger to the Contract for Trans mission	579

The Prevailing Theory	580

Addressee Suing in Tort Not Bound by Companys Arrange ment with Sender	581

Delay in Delivering Message	583

NonDelivery of Message	584

NonRepetition of Messages	586

Damages Recoverable by the Sender	587

Damages Recoverable by the Addressee	589

Damages for Injuries to the Feelings	590

Copyright

Overige edities - Alles bekijken

The Law of Torts: A Concise Treatise on Civil Liability for Actionable ...
Francis Marion Burdick
Volledige weergave - 1926

Veelvoorkomende woorden en zinsdelen

Assoc assumpsit authority Bank Boston breach Brown cause of action Chap Chicago City common carrier common law Conn contract contributory negligence corporation County court damages danger Davis declared defendant defendant's doctrine employer ex delicto fault harm Harv held liable Holmes Hosp House of Lords imposed infra injury innkeeper Jeremiah Smith Johnson Jones judge judicial jurisdictions jury justice Law of Torts Legal Cause Lord Louis Louisville malicious Mass master Miller Minn Mitchell municipal negligence Oliver Wendell Holmes omission owner Penn person plaintiff Pollock quasi contract Railroad reasonable recovery respondeat superior result rule servant Singer Mfg Sir Frederick Pollock statute sued Supra Taylor Tenn Thompson tion tort action tort liability tortious Torts 12th trespass United West West Jersey Western U. T. Western Un Williams Wilson York

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Bibliografische gegevens

Titel	The Law of Torts: A Concise Treatise on Civil Liability for Actionable Wrongs to Person and Property
Auteur	Francis Marion Burdick
Redacteurs	Charles K. Burdick, Charles Kellogg Burdick
Editie	4
Uitgever	Banks, 1926
Lengte	617 pagina's

Citatie exporteren	BiBTeX EndNote RefMan

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