Gibson's Law Notes Volume 2

Gibson's Law Notes Volume 2

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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. 1883 edition. Excerpt: ... make provision against all ordz'nar_z/ occurrences which might cause the water to escape, and if he fails to do so an action lies against him; but he is not obliged to anticipate e: vtraor(lz'nary occurrences, and _should the water escape from some such occurrence, e. g. wk major, or the act of a third person over whom he had no control, he is not liable for the injury caused by the escape, even though, if it had been anticipated, the effect might have been prevented. (See also on this subject, Ross v. Feolden, 41 L. J., Q. B. 270; L. B., 7 Q. B. 661; Ca-rstairs v. Taylor, L. B., 6 Ex. 217; 40 L. J., Exch. 129; Anderson v. Oppe1zlze1'm, 49 L. J., Q. B. 708; and Smith v. Fletcher, 43 L. J., Exch. 70.) (f) A. in talking with B. accuses C., a married. woman, of want of chastity. This is damnum and must prejudicially affect C. more or less, but she has no right of action unless she can show that it has caused her some special damage, such as excluding her from the society of her friends, or from some particular religious sect; and even in these cases, if A.'s statement was true, C. would have no right of action, for A. would be acting strictly within his legal rights in stating the truth to B., although thereby he caused C. loss or a'a'-mnum. However, by the custom of the City of London, to call a woman a " whore," and by the custom of the City of Bristol a " strumpet," constitutes injm-z'a without proof of special damage. (g) A. is out driving, and without any fault on his part his horse runs away, and in his flight knocks down and injures B. so seriously that B. is unable, for the rest of his life, to follow his ordinary calling. Here is a damnum or loss, but no cents'n_/uria for the law does not makeshow more

Product details

  • Paperback | 346 pages
  • 189 x 246 x 18mm | 617g
  • United States
  • English
  • black & white illustrations
  • 123694819X
  • 9781236948199