Studies in the Civil Law and Its Relations to the Jurisprudence of England and America: With References to the Law of Our Insular PossessionsLittle, Brown,, 1905 - 391 strani |
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Studies in the Civil Law: And Its Relations to the Jurisprudence of England ... William Wirt Howe Predogled ni na voljo - 2015 |
Studies in the Civil Law and Its Relations to the Jurisprudence of England ... William Wirt Howe Predogled ni na voljo - 2013 |
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acquired action agnatic agreement Alaric II called cause century Civil Code civil law claim commerce common law concerning condition consent considered constitution contract Corpus Juris creditor custom damage death debt debtor deceased declared defendant Digest doctrine early edict emperor England equity ex delicto example exist extinguished France French Gaius heirs held husband Ibid important injury Institutes judge judicial jure jurisprudence juristic person jurists jus civile Jus Gentium justice Justinian kind land law merchant lecture legislation liability Louisiana magistrate marriage Martin matter ment modern mortgage natural negligence obligation opinion Orleans owner Pandects Papinian parties partnership payment person plaintiff possession Pothier prætor primitive principles private law provisions quasi-contract question regard result Roman law Rome rule slave Spain Spanish statute succession Supreme Court term testator theory thing tion Twelve Tables Ulpian wife writers
Priljubljeni odlomki
Stran 298 - The question always is, Was there an unbroken connection between the wrongful act and the injury, a continuous operation? Did the facts constitute a continuous succession of events, so linked together as to make a natural whole, or was there some new and independent cause intervening between the wrong and the injury?
Stran 302 - Negligence is the failure to do what a reasonable and prudent person would ordinarily have done under the circumstances of the situation, or doing what such a person under the existing circumstances would not have done.
Stran 298 - But it is generally held that, in order to warrant a finding that negligence, or an act not amounting to wanton wrong, is the proximate cause of an injury, it must appear that the injury was the natural and probable consequence of the negligence or wrongful act, and that it ought to have been foreseen in the light of the attending circumstances.
Stran 303 - Although the defendant's negligence may have been the primary cause of the injury complained of, yet an action for such injury cannot be maintained, if the proximate and immediate cause of the injury can be traced to the want of ordinary care and caution in the person injured, subject to this qualification, which has grown up in recent years (having been first enunciated in Davies v.
Stran 120 - That an English writer of the time of Henry III. should have been able to put off on his countrymen as a compendium of pure English law a treatise of which the entire form and a third of the contents were directly borrowed from the Corpus Juris...
Stran 301 - It appears to us that the proper question for the jury in this case, and indeed in all others of the like kind, is whether the damage was occasioned entirely by the negligence or improper conduct of the defendant, or whether the plaintiff himself so far contributed to the misfortune by his own negligence or want of ordinary care and caution, that but for such negligence or want of ordinary and common care and caution on his part, the misfortune would not have happened.
Stran 303 - W. 546], that the contributory negligence of the party injured will not defeat the action If It be shown that the defendant might, by the exercise of reasonable care and prudence, have avoided the consequences •of the Injured party's negligence.
Stran 31 - Agree with thine adversary quickly, whiles thou art in the way with him ; lest at any time the adversary deliver thee to the judge, and the judge deliver thee to the officer, and thou be cast into prison. Verily I say unto thee, Thou shalt by no means come out thence, till thou hast paid the uttermost farthing.
Stran 9 - If the defendant be under an obligation, from the ties of natural justice, to refund; the law implies a debt, and gives this action, founded in the equity of the plaintiff's case, as it were upon a contract ('quasi ex contractu,') as the Roman law expresses it.
Stran 228 - ... nothing is better settled than that statutes should receive a sensible construction, such as will effectuate the legislative intention, and, if possible, so as to avoid an unjust or an absurd conclusion, Lau Ow Bew v.