American Law and Procedure, Τόμος 2

Εξώφυλλο
La Salle Extension University, 1913
 

Περιεχόμενα

Contributory Negligence
49
Insanity and drunkenness
50
Liability of officer for serving process upon the wrong per
56
111 Necessity of giving notice
62
Act of dominion
68
135 Misuse by bailee
78
Representation Untrue in Fact
84
142a Intended benefit to defendant not essential
88
149 Representations of intention as to price
95
Intentional torts
101
166 Boundary line between intent and negligence
107
167 Negligence a mixed question of law and fact
108
SECTION 2
109
169 When legal cause is a part of the law of torts
110
B Suggested Rules of Legal Cause 171 Defendant not liable for remote consequenceThe natural and proximate consequence rule
111
173 Defendant liable for probable consequenceNew York rule as to liability for fire
112
174 The natural and probable consequence rule
114
175 Defendant liable for immediate consequences though im
115
176 Liability for improbable consequences not immediately fol lowing
116
177 The but for rule
118
178 The last human wrongdoer rule
119
180 Ordinary movements of animals
120
181 Diseases of the human body
121
Concurrent Negligence 182 In general
122
E Intervening Act of a Third Person 185 Intervention distinguished from concurrence
124
187 Defendant not liable if he did not cause the intervening act
126
188 Intervening failure of third person to act
127
190 Defendant not liable if he did not cause the intervening act
128
191 General rulePlaintiff entirely barred
129
192 Admiralty rule
131
194 Plaintiffs right to reimbursement
133
195 Contributory negligence of childrenStandard of care
134
196 Contributory negligence of the deaf or blindStandard of care
135
198 Contributory negligence a defence to injuries by animals
136
199 Plaintiff excused by statute from duty to use care 137
137
SECTION 4
139
203 Passenger and carrier
140
204 Owner of goods and bailee or carrier
141
Parent barred by his own contributory negligence
142
Standard of care of parent
143
SECTION 5
144
212 Plaintiff barred because no duty on part of defendant
147
SECTION 6
148
215 Knowledge that third person is to use chattel
149
217 Articles not dangerous to life
150
218 Liability of building contractors toward third persons
152
219 In generalPassive condition of the premises
153
224 Who is a licensee
159
165 Degrees of negligence
165
236 Cattle driven on a highway
172
241 Liability for domesticated animals
178
245 Criticism of Fletcher v Rylands
184
CHAPTER VIII
190
255 Defamatory statements actionable per se
196
265 Meaning of loathsome disease in this connection
202
Loss of society or mental pain not enough
203
Liability for repetition
204
269 Recovery for mental pain where there is special damage
205
270 Whether action will lie for damage caused by non defamatory statements
206
SECTION 5
207
273 Burden of proof
208
275 Effect of defendants belief in truth of publication
209
Leave and License 278 General effect of consent
210
280 Extent of protection to judges
211
281 Extent of protection to witnesses
212
SECTION 7
215
283 Reasons for allowing fair comment
216
284 Unfair comment not allowed even though made with proper motive
217
In general
218
296 Report of judicial proceedings sent to a newspaper by an attorney
227
298 Reporting proceedings by installments
229
Communication in the Common Interest of a Maker and Receiver or in the Interest of the Maker Alone 300 Communication in the interest of the ma...
230
302 Charges made upon suspicion of a crime
231
303 Legal duty to make communication not necessary
232
Communications Made in the Interest of the Recipient 304 Illustrations of the rule
233
307 Statements regarding suitor by one not a member of the family
235
E Excess of Privilege 308 Statement of the rule
236
309 Use of a newspaper to make privileged communication to electors
237
310 Use of newspapers to notify business customers
238
311 Use of the telegraph
239
312 Is publication to a typewriter an excess of privilege
240
313 Effect of sending communications to the wrong party by mistake
241
CHAPTER IX
243
Vol II2
245
323 Question of want of probable cause is for the court
249
CHAPTER X
256
Contractual Duties 336 General ruleLumley v Gye
260
Duty to Refrain from Torts 338 Inducing actionable tort by third person
262
SECTION 2
264
342 Meaning of malice in this connection
265
B Fraud 343 Deceptive use of anothers trade name
266
344 Defaming persons closely associated with plaintiff
267
345 Other illustrations
268
Force or Threats of Force 346 Interference by force
271
Persuasion and Economic Pressure Competition Motive Combination 348 In general
272
350 Who are competitors
273
351 Persuasion by individual noncompetitors
274
352 Persuasion by individual competitors
278
353 Is the right to compete by lower prices absolute
279
354 Effect of combinationCombinations of capital or trades men
280
Another view
282
A third possible view
283
358 Importance of motiveRecent restatement of the question
285
359 Present uncertainty of this branch of the law
286
1
290
7
297
CHAPTER II
304
18
310
In suit for separate maintenance
316
HUSBAND AND WIFE
322
Earnings of wife
328
At common law
334
In the absence of legislation
340
Under later legislation
353
The juvenile court acts
360
The parent is entitled to the earnings of the child
366
Liability of parent in tort to the child and vice versa
373
98a Status of adopted child
379
Wills
385
107 Infant not liable on his contract for necessaries but only for the fair value of what he has received
390
108 Infant not liable unless he actually needs the articles furnished
391
109 What are necessaries
392
110 Unclassified exceptions to the rule that infants are not liable on their contracts
394
SECTION 2
395
113 The variety of results reached
396
114 The variety of results reached in a particular jurisdiction
398
115 Suggested distinction between the infants buying and selling
400
116 Summary
402
119 Contracts for necessaries
403
121 Acts done by an infants direction
405
124 How far affirmance relates back
406
SECTION 3
407
127 Acts of infants which are valid in some degree at least and not subject to be disaffirmed
408
129 Lapse of time after infant comes of age as affecting the defence of infancy
409
130 Status of infants acts where collaterally involved
410
134 Torts connected with contracts
413
Appendix B Domestic Relations and Persons
430
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