Penn State Law Review Volume 4

Penn State Law Review Volume 4

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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. 1899 edition. Excerpt: ...engage in such business, trade or profession, and that he will per form matters intrusted to him diligently and faithfully. Hale on Torts, p. 474, and cases there cited. It is undoubtedly true that the defendant might have expressly contracted against liability for negligence, although such contracts are not looked upon with favor by the law, and are therefore construed strictly, with every intendment against the party seeking their protection. Carew v. Bradstreet, 134 Pa. 161; Duncan v. Dun, 7 W. N. C. 246. In the record of the case, however, no such. contract appears, and Gould's only defense is that he is not chargeable with failure to exercise due care under the circumstances. The copy furnished by him to the printer stated that Adams was worth $1,500 and owed a debt of $500, thus showing an excess of $1,000 in assets over and above liabilities. As a matter of fact, Adams' liabilities exceeded his assets by $1,200. This serious discrepancy is not explained, and in view of the fact that the major part of Adams' liabilities consisted of a judgment in the court of Common Pleas, it is difiicult to resist the conclusion that Gould is chargeable with negligence in collecting his information. Moreover, in printing the lists another blunder was committed, which was even more serious than the first. By a typographical error, which the defendant failed to detect, Adams' assets were stated as $15,000 and his liabilities as $5,000, thus showing a balance of $10,000, instead of $1,000. In failing to discover and correct this mistake, the defendant is u ndoubtedly chargeable with negligence. In Carew v. Bradstreet (supra) the defendant's book represented a certain corporation as having$600,000 capital actually paid in, ...
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Product details

  • Paperback | 144 pages
  • 189 x 246 x 8mm | 268g
  • United States
  • English
  • black & white illustrations
  • 1236985796
  • 9781236985798