American and English Corporation Cases Volume 26

American and English Corporation Cases Volume 26

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1890 edition. Excerpt: ...make assertions as to which they are ignorant whether they are true or not, they must in a civil point of view be held as responsible as if they had asserted that which they knew to be untrue." Reese River Silver Min. Co. 21. Smith, L. R. 4 l-I. L. 64. S0 say I, but this does not support Sir JAMES's proposition. Nor does he deal with what he quotes from Lord CRANWORTH. But further he speaks of legal fraud as meaning "that degree of moral culpability in the statement of an untruth to induce another to alter his position to which the law attaches responsibility." But if there is moral culpability, I agree there is responsibility. But to believe without reasonable grounds is not moral culpability, but (if there is such a thing) mental culpability. He says, "the word fraud is in common parlance reserved for actions of great turpitude, but the law applies it to lesser breaches of moral duty." I agree the law applies it to all breaches of the moral duty to tell the truth in dealing with others, but cannot that duty be honestly broken? To be actionable, a breach of that duty must be dishonest. Nay, it is a man's duty sometimes to tell an untruth. For instance, when asked as to aservant's character, he must say vhat he believes is the truth, however he may have formed his opinion, and however wrong it may be. His lordship says he cannot think that the directors had any reasonable ground for believing the prospectus to be true. But had they the matter present to their minds? Even if this were the question, Ishould decide in their favor. As to the judgment of LOPES, L. J., I quite agree with what he says: "I know of no fraud which will support an action of deceit to which some moral delinquency does more

Product details

  • Paperback | 268 pages
  • 189 x 246 x 14mm | 485g
  • United States
  • English
  • black & white illustrations
  • 1236810260
  • 9781236810267