The Law of Torts: A Treatise on the Principles of Obligations Arising from Civil Wrongs in the Common Law : to which is Added the Draft of a Code of Civil Wrongs Prepared for the Government of IndiaStevens, 1912 - Broj stranica: 716 |
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Uobičajeni izrazi i fraze
accident actual alleged appears apply assault assumpsit authority Blackburn bound Bowen L. J. breach cause of action civil common law compensation consent consequence contract contributory negligence Court of Appeal criminal danger deceit decision defendant defendant's detinue distinction doctrine doubt duty employer English entitled evidence ex delicto excuse exercise fact fraud ground harm held horse House of Lords iniuria injury intended judge judgment judicial jurisdiction jury justified kind L. J. Ch L. J. Ex land law of torts liable libel licence Lord Herschell malicious malicious prosecution matter means ment modern natural negligence neighbour nuisance offence opinion ordinary owner party person plaintiff possession principle privileged prosecution purpose Q. B. Div question railway reasonable regard remedy right of action risk rule seems servant slander special damage statement statute statutory things tion tort trade trespass Ulpian unlawful Vict wilful words writ wrong-doer
Popularni odlomci
Stranica 500 - 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.
Stranica 459 - The court said 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 defendant, that the accident arose from want of care.
Stranica 589 - Under sub-section one of section one, unless the defect therein mentioned arose from, or had not been discovered or remedied owing to the negligence of the employer, or of some person in the service of the employer, and entrusted by him with the duty of seeing that the ways, works, machinery, or plant were in proper condition.
Stranica 585 - ... (4) watches or besets the house or other place where such other person resides, or works, or carries on business, or happens to be, or the approach to such house or place...
Stranica 589 - ... 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.
Stranica 588 - ... by reason of the negligence of any person in the service of the employer who has the charge or control of any signal, points, locomotive engine, or train upon a railway...
Stranica 586 - An act done by a person in contemplation or furtherance of a trade dispute shall not be actionable on the ground only that it induces some other person to break a contract of employment or that it is an interference with the trade, business, or employment of some other person, or with the right of some other person to dispose of his capital or his labour as he wills.
Stranica 590 - The amount of compensation recoverable under this Act shall not exceed such sum as may be found to be equivalent to the estimated earnings, during the three years preceding the injury, of a person in the same grade employed during those years in the like employment, and in the district in which the workman is employed at the time of the injury.
Stranica 592 - The notice may be served by delivering the same to or at the residence or place of business of the person on whom it is to be served.
Stranica 590 - ... an employee, or his legal representative, shall not be entitled under this article to any right of compensation or remedy against the employer in any case where such employee knew of the defect or negligence which caused the injury and failed, within a reasonable time, to give, or cause to be given, information thereof to the employer...