The Common Law

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Cosimo, Inc., Jan 1, 2009 - Biography & Autobiography - 444 pages
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Before he became U.S. Supreme Court justice in 1902, American jurist OLIVER WENDELL HOLMES JR. (1841-1935) was already famous as the most influential proponent for and teacher of the common law. In this collection of lectures-originally delivered at the Lowell Institute in Boston and first gathered in book form in 1881-Holmes introduces us to basic concepts of the common law and explains his reasoning of them. Discussed are: [ liability [ criminal law [ trespass and negligence [ fraud, malice, and intent [ possession and ownership [ the contract [ and much more. One of the most widely cited members of the Supreme Court, Holmes continues to dramatically impact the U.S. legal system to this day. This classic volume of his jurisprudence-reproduced here from the 1938 31st printing-is essential reading for anyone wishing to understand modern American law.
 

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Contents

LECTURE I
1
EARLY FORMS OP LIABILITY
11
Object of the Book 1 Origin of Legal Procedure in the Composition
25
Snelgrave
31
How 298
32
LECTURE II
39
Anonymous 1 Bulstr
45
Turner 107
59
LECTURE VII
247
King
249
Van Mierop
259
Richards and Bartlets Case
287
LECTURE VIII
289
a What sufficient 290293 b Con
295
Bean 128
298
Lancashire Yorkshire
301

Cabbage
60
TORTS TRESPASS AND NEGLIGENCE
77
a Lia
84
Kemise 402
90
Clarkson
99
Baddeley
107
Maynard 235
119
LECTURE IV
130
Preliminaries 130132 A Moral Element in Wrongs called Inten
143
Gilbreth 232
151
THE BAILEE AT COMMON
164
Eoyman
180
Gillet 109
191
Mellen
195
Olliot 88 104
202
LECTURE VI
206
Pakenhams Case 392 393 395 397
215
POSSESSION AND OWNERSHIP
217
Booker 107
223
A Why protected 206213 B Pact or Right? 213215 C
226
Swindon Local
230
Thibodeau
239
Case 117 119 155
304
LECTURE IX
308
Wiburn 189
311
Voidable Contracts 315339 A Ground of Avoidance is a Con
316
Pocock
320
Brett
337
Harper 173
339
LECTURE X
340
Baiss 128
367
Successions Inter Vivos A Standing in Sellers Shoes not
369
Hayley
370
Rudge
378
a Direct Benefit of extended to Assign
385
Swetnam
391
passed by Succession 390 391 D Prescriptive Rights analo
392
Haggett 97
394
Dean of Windsor 401
401
Kitchingham
403
E Land bound to Warranty 394 395 E Necessary Meeting
407
Robinson
411
313
418
Copyright

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About the author (2009)

Oliver Wendell Holmes, Jr. (1841-1935) served as chief justice of the Massachusetts Supreme Court and as an associate justice of the U.S. Supreme Court. He was nick-named the "Great Dissenter" because of his many dissenting opinions. Holmes is also the author of Kent's Commentaries on the Law (1873) and "The Path of the Law" (1897).

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