A Summary of Torts. - Couverture souple

Erwin, Frank A

Couverture souple

ISBN 10 : 1240025742 ISBN 13 : 9781240025749

Editeur : Gale Ecco, Making of Modern Law, 2010

Synopsis

The Making of the Modern Law: Legal Treatises, 1800-1926 includes over 20,000 analytical, theoretical and practical works on American and British Law. It includes the writings of major legal theorists, including Sir Edward Coke, Sir William Blackstone, James Fitzjames Stephen, Frederic William Maitland, John Marshall, Joseph Story, Oliver Wendell Holmes, Jr. and Roscoe Pound, among others. Legal Treatises includes casebooks, local practice manuals, form books, works for lay readers, pamphlets, letters, speeches and other works of the most influential writers of their time. It is of great value to researchers of domestic and international law, government and politics, legal history, business and economics, criminology and much more.++++The below data was compiled from various identification fields in the bibliographic record of this title. This data is provided as an additional tool in helping to insure edition identification: ++++Harvard Law School LibraryCTRG95-B1866Includes index.New York City: L.J. Tompkins, 1906. viii, 225 p.; 24 cm

A propos du livre

Présentation de l'éditeur

THIS book presents in brief and excellent form the general principles of the law of Torts. The industry and judgment of the author are apparent, not in the matter of the work, which is almost wholly non-original, but in the choice and arrangement of the material. Almost every statement is quoted verbatim, with appropriate quotation-marks and references, from decisions in leading cases or the commentaries of well-known authors. One might expect to find the effect thus produced fragmentary, and to be impressed by the absence of coherence and logical sequence; but so skillfully has Professor Erwin done his work as weaver and so aptly has he supplied the necessary links of connective and explanatory sentences, that the book is not only an orderly treatment of the leading topics in the law, but it is distinctly readable as well. The analysis follows that which has been commonly adopted in larger and more pretentious text-books: treating first the general considerations involved in all cases of tort, and taking up then the specific classes of wrongs ex delicto for which the law gives redress. The general discussion includes a statement of principles which might be grouped with equal or greater logic under other headings in the law, such as the rules governing the liability of a principal for acts of his agent, the fellow servant rule, the liability of corporations for torts intra and ultra vires, and the survivorship of actions for personal injuries; but these rules, though dependent upon principles not inherent in any theories of tort, are of such frequent and necessary application in tort cases that their treatment in commentaries on the law of Torts is as reasonable and convenient as it is common. In the specific classes of cases discussed one finds the familiar headings of Assault, False Imprisonment, Libel and Slander, Deceit, Malicious Prosecution, Seduction, Trespass, Trover and Conversion, Nuisance and Negligence. The important related topics of Strikes and Boycotts and Interference with Contract Relations are, however, not considered, — an omission to be regretted because of the modern importance and intricacy of the problems which those topics present.

A distinguishing characteristic of Professor Erwin's book is the large proportion of citations from New York. Probably three quotations out of four are from opinions rendered by New York courts, inferior or of last resort. This feature must peculiarly adapt the book to use by students especially interested in New York law; but it will not necessarily impair its utility in other jurisdictions, since the decisions quoted are in most cases fair statements of principles recognized generally wherever the common law of Torts prevails Moreover, conflict of authority on important points is indicated. New York statutory provisions are not infrequently specially referred to and stated, e.g., the Employers' Liability Act and the provisions governing actions for death by wrongful act. It is fair to presume, though no express statement to that effect is made, that in preparing this manual Professor Erwin had chiefly in mind the needs of his classes in the New York University School of Law. To their purposes, and to the purposes of students similarly situated, the book is admirably adapted, especially when used in connection with lectures covering in more detail the subjects here broadly considered. For the practitioner it is of small practical service save to refresh his memory on elementary principles: there is no table of cases, and the citations are manifestly not designed to be either exhaustive or especially representative of all jurisdictions. As a concise statement of the common law rules for purposes of review by candidates for admission to the bar the book may be distinctly commended.

—Harvard Law Review, Volume 20

Présentation de l'éditeur

Vi CoNTE iSTTS. Page Language of the publication 1IB Intent of speaker 119 Innuendo 119 A verment, colloquium and innuendo 120 Comment and criticism 121 Comment and report distinguished 121 Liberty of the press 121 Truth as a defense 122 Criminal actions 122 Civil actions 123 Justification must be as broad as the charge 123 Mitigating circumstances 123 Mitigation extends only to punitive damages 124 Privilege as a defense 124 Qualified privilege. Malice material 124 Moral duty to communicate 125 Eeports of judicial and legislative proceedings 127 Malice, implied and express, in the law of defamation.... 128 Is the falsity of the libel evidence of malice sufficient to sup Krt punitive damages 129 Privilege a question of law. Express malice a question of fact 130 Absolute privilege. Malice immaterial 131 Deceit. Nature of wrong 132 Deceit defined 133 A common-law action 133 Complication with contract 133 Essential elements 134 False representations of material facts 134 Silence and artifice 136 Defendant sknowledge of falsity. Intention 136 Plaintifl sreliance and action upon representations to his damage 138 Who may rely on representations 139 Malicious Prosecution. Essential elements 140 Termination 140 Reason of the rule 141 Termination: nolle prosequi 142 Termination: appeal from judgment 142 What is probable cause 143 When facts must be known 144 Mere belief 144 Conviction 144 Acquittal or discharge 145 Advice of magistrate 147 Advice of counsel 147 Granting a temporary injunction 148 Malice ;148 Malice, but not want of probable cause, may be inferred. .. 148 Malice and want of probable cause must concur 148 Probable cause a question of law.
(Typographical errors above are due to OCR software and don't occur in the book.)

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Détails de l'édition

• Éditeur: Gale Ecco, Making of Modern Law
• Date d'édition: 2010
• Langue: anglais
• ISBN 10: 1240025742
• ISBN 13: 9781240025749
• Reliure: Broché
• Nombre de pages: 236
• Coordonnées du fabricant: non disponible
• Personne responsable: non disponible