Railway Companies: (continued.) |
cases of contributory negligence, 246.
level crossing cases, 246.
Ratification:

liability of principal by, 71.

act must be done on his behalf,
72.

ratification must be express and
intentional, 73.

principal must be capable of having

given the original command, 73.
distinction between ratification and
case of agency, 73.
Real Property:

when plaintiff possesses, and he is
abroad, no security for costs re-
quired, 17.

old rule of liability for work done to,

92.

trespass to, 329: see TRESPASS.

rule as to, in slander of title applies
to personalty, 378.

Reasonable and Probable Cause:
see False Imprisonment,
Malicious Prosecution.

Receipt:

in full of all demands, not an abso-
lute bar; e.g., if obtained by fraud,
34.
Recklessness:
meaning of, 207.

in slander, 321.

not recognised independently of ne-
gligence, 208.

rule as to reckless statements, 262.
where facts specially within
speaker's knowledge, 262.

Relations:

duties which arise out of special, 6,

12.

are in personam, 12.

of master and servant, or principal
and agent, must be established
for master or principal to be liable,

53.

privilege in defamation arising out
of special, 317; see DEFAMATION.
Relative Duties: see Duties, Pri-
vate Duties.

Release:

of one joint tortfeasor releases all,
51.

Rights: (continued.)
result may be destruction of one,

12.

two distinct sets of, 13, 125, 127, 132,

140.

violation of, action for damages for,
30.

example of claim of imaginary, 123.
action brought to establish, 141.
vested in entire community, actions

for nominal damages taken
away, 155.

but must be in entire community,
158.

statutory rights, breach of, 177: see
STATUTORY RIGHTS.

statutory rights acquired by third
parties, 181.

forms of, as to having the truth
spoken, 255.

between conflicting trespassers, 340.
to service is property, 360.
under contract, interference with,
355, 362.

of licensees, interference with, 368.
Rights in personam:

their position in outline of rights
and duties, 5.

result of from conflict of rights, 12.
created by statute, 177.

where no penalty, 180.
statutory contracts, 180.
acquired by contract, right in rem

flowing from, 356, 368.

acquired by license, right in rem

flowing from, 373.
easements are, 372.
Rights in rem:

their position in outline of rights and
duties, 5.

examined, 10.

duties correlative to, 154.

created by statute, 177.

where no penalty, 179.

may be vested in a large class, 180.
where penalties are given, 196.
flowing from right in personam under
contract. 356, 368.

flowing from right under license,
373.

Riparian Owners:

rights of, 372: see WATER.

Seduction: (continued.)
action for, by master, 356.
based on loss of service, 356.
allegation of debauchery unneces-
sary, 357.

service due to father sufficient, 357.
rule extended to fraud, 357.
measure of damages, 358.
who may bring action, 359.
father's right to service revives on
leaving master, 359.
rule of remoteness, 360.

knowledge of service important, 361.
Selection:

of servant, test of master's liability, 82.
liability where choice delegated, 82.
Self-Defence: see Battery, Justifi-
cation.
Separate Estate:

Woman.

see Married

Servant: see Master and Servant,
Seduction.

implied duty of, to protect master's
property, 62.

must commit tort for master to be
liable, 70.
liability of, 74.

he is a joint tortfeasor with the
master, 74.

general application of rules as to

joint tortfeasors, 74.

e.g., money tortiously received and
paid over, 75.

where expressly received to be
paid over, 75.

liability depends on his commission
of a tort, 76.

not liable when bound to obey

orders, 76.

not liable where a mere conduit
pipe, 76.

not liable if employed in course of

his trade, 77.

cannot have two masters liable, 81.
loan of, liability of real master, 83.
liability where he undertakes con-
tract, 89.

of contractor, liability for, 80, 89.
amount of control necessary to shift
liability, 89.

power to dismiss insufficient test,

90.

Servant: (continued.)

notice to, of dog's disposition, when
notice to master, 106.
action per quod servitium amisit, 356.
rule of special damages in, 15.
right to service of, is property, 360.
rule of remoteness applies, 360.
libel on servant per quod, not main-
tainable, 361.

enquiry whether tort to, necessary to
support action, 363.
accident to, on master's premises,

244.

common employment, definition of,

245.

common master essential, 245.
identification of, with master, 253.
assault by, in defence of master justi-
fied, 296.

characters of, privilege in giving,
327.,

in charge of goods may not bring ac-
tion for conversion, 343.

of person who has control of goods,
no conversion by, 350.
Shares:

refusal to register transfer, 182.
action by transferee, 182.

action by transferor, 182.
Sheriff: see Interpleader.

some actions against, survive to exe-
cutor, 24.

ratification of execution by, 92.
damages for breach of duty by, 129.
delay of suit .sufficient to support

action, 129.

no damage if bankruptcy before
seizure, 130.

actual damage must be proved,
130, 134, 136.

meaning of this rule, 131.
general principle of cases ex-
amined, 131.

entire loss may be recovered, 147.
sale by, estoppel against real owner,
354.
Slander:

limitation in action for, 30.
illustration from, as to time from which

limiting period begins to run, 31.
illustration from, as to presumption
of damage, 126, 136.

Slander: (continued.)

rule of temporal damage applied to,

144.

special damages in rule of pleading,

151.

repetition of, application of rule of

remoteness, 171.

its relation to fraud, 260.
where indictable offence imputed,
305.

must be scandalous, 305.
imprisonment not necessarily scan-
dalous, 306.

where contagious disorder imputed,
306.

must be then present, 306.
where imputation is as to conduct in

business or profession, 306.

natural tendency to occasion loss,
307.

charge of immorality insufficient,
307.

reference to business may be in-

ferred, 307.

words tending to disherison, 308.
need not have occurred, 308.
damage, 308..

imputations of unchastity, 309.
application of rule as to temporal

damage, 309, 310.

application of rule as to remoteness,
309.

result must not be due to idiosyn-

crasy, 309.

whether technical special damage
must be proved, 310.
words to be construed naturally,

311.

words which affect property, 312.
liability for repetition, 312.

moral duty to repeat, 312.
Justification: see DEFAMATION, Jus-
tification.

attempts to combine slander and
slander of title, 377-

Slander of Title:

its relation to fraud, 260.
action for, 375.

no presumption of damage, 376.
for hindering sale of land, 376.
attempts to get out of the rule,
377-

Slander of Title: (continued.)

analogy between this and violation
of contractual rights, 377.
applies to sale of realty and person-
alty, 378.

comparison by rival traders not
within rule, 378.
malice in fact, 378.

same rule as in slander, 379-
threat of legal proceedings, 380.
privilege in consequence of duty to
speak, 380.

old form of the action has disap-
peared, 381.

Smells: see Nuisance.
Solicitor:

wrongful detention of deeds for client
by, 74.

Son assault demesne: see Bat-
tery,-Justification.

Special Damage: see Damage.
must be proved in certain contract
actions by executor, 23.
Special Damages, 124: see Da-
mages.

Statute:

rights in rem created by, 5.
rights in personam created by, 6.
accumulations authorized by, 120:
see ACCUMULATIONS.

act prohibited by, nominal damages
for, 141.

rights under local and personal, 180.
rights under public general, 181.
purview of, to be considered in ascer-
taining the duty, 195.

Statutes:

Ballot Act, 1872:

action against presiding officer,
188.

Cabmen:

6 & 7 Vict. c. 86, s. 28.

furious driving of hackney car-
riages, 198.

6 & 7 Vict. c. 83, s. 8.

indorsement of licenses, 179.
Common Law Procedure Act, 1852:
rule of costs under, 9.

Contagious Diseases (Animals) Act,

1869:

action for breach of regulations
under, 195.