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actual possession adverse possession applied arise assignment assumpsit believe called cause chattel chose in action common law conclusive presumption condition of fact conduct consequences constructive possession contract correspondent rights court court of equity created damage debt defendant definition detinue dispositive facts distinction duties corresponding duties of choice easement enforce equity ex delicto example existence fraud fraudulent ground held Holmes imperfect duties injury intention investitive facts juristic act kind L. J. Ch L. J. Ex land latter Lect legal duties liable means merely mind misrepresentation nature necessary negligence owner ownership party party's permissive rights person plaintiff possessor present presumed presumption primary obligation principle property rights protected right question reasonable regarded relation remedial rights representation right of action right of property rights and duties rights in rem Roman law seems seizin sense simply statute statute of frauds tenant theory thing tion tort trespass true trust unreasonable violation word wrong
Page 554 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally — ie, according to the usual course of things, from such breach of contract itself...
Page 162 - ... (a) An intention to cause the death of, or grievous bodily harm to, any person, whether such person is the person actually killed or not; (b) knowledge that the act which causes death will probably cause the death of, or grievous bodily harm to, some person...
Page 183 - But a more satisfactory explanation is that when men live in society a certain average of conduct, a sacrifice of individual peculiarities going beyond a certain point, is necessary to the general welfare.
Page 58 - Again, it is said that the word "relevant," as applied to the admission of evidence, means that any two facts to which it is applied are so related to each other that according to the common course of events one of them, taken by itself or in connection with other facts, proves or renders probable the past, present, or future existence or nonexistence of the other.
Page 388 - ... no man shall be excused of a trespass (for this is the nature of an excuse, and not of a justification, prout ei bene licuit\ except it may be judged utterly without his fault; as if a man by force take my hand and strike you; or if here the defendant had said that the plaintiff ran across his piece when it was discharging; or had set forth the case with the circumstances, so as it had appeared to the court that it had been inevitable, and that the defendant had committed no negligence to give...
Page 549 - We do not say that even the natural and probable consequences of a wrongful act or omission are in all cases to be chargeable to the misfeasance or nonfeasance. They are not when there Is a sufficient and independent cause operating between the wrong and the injury. In such a case the resort of the sufferer must be to the originator of the intermediate cause.
Page 531 - In determining what is proximate cause, the true rule is that the injury must be the natural and probable consequence of the negligence; such a consequence as, under the surrounding circumstances of the case, might and ought to have been foreseen by the wrongdoer as likely to flow from his act.
Page 516 - But there are other trusts which are cognizable in a court of law ; as deposits, and all manner of bailments ; and especially that implied contract, so highly beneficial and useful, of having undertaken to account for money received to another's _ use, which is the ground of an action on the case almost as universally remedial as a bill in equity.
Page 618 - In any breach of duty which, without an actually fraudulent intent, gains an advantage to the person in fault, or any one claiming under him, by misleading another to his prejudice, or to the prejudice of any one claiming under him ; or, 2.
Page 551 - Had the defendants In the case of Blanchard v. Ely, supra, taken the ground that they were entitled to recoup, not the uncertain and contingent profits of the trips lost, but such sum as they could have realized by chartering the boat for those trips, I think their claim must have been sustained. The loss of the trips, which had certainly occurred, was not only the direct but the Immediate and necessary result of the breach of the plaintiffs...