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The Basis of Affirmative Obligations in the Law of Tort

The Basis of Affirmative Obligations in the Law of Tort


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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: useful to the public, is to be repaired by them (page 240). The flagging and grating was not used or worn out by the owner of the houses otherwise than as one of the public (page 241)?it is not the quantum of use, but whether the use be for a private purpose or in the exercise of a public right which determined his duty to repair. A ruinous cellar door is different, it is worn out by use for the benefit of the occupier of the cellar to which it is the door. So too where an easement is granted ?the grantee and not the grantor is to maintain and repair the subject of the easement. The whole opinion shows how basic of the affirmative obligation of repair is benefit from the use of the thing in question.81 II. LESSORS AND VENDORS OF REAL AND PERSONAL PROPERTY. In the preceding part of this article 82 it has been seen that while the obligation to refrain from injurious action is general upon all men, however placed, and extends to all within the radius of the effects of their acts, the obligation to take affirmative precautions to secure the safety of others is by no means so extensive.83 Such duties are only imposed upon those who have voluntarily assumed a position or relation from which a benefit is derived by them. It has been seen that the duty to maintain either structures or chattels in safe condition rests upon him who uses, or causes them to Many further instances might be given to the same effect if space permitted. 53 American Law Register, 209. It is submitted that all affirmative duties rest upon consideration: some benefit to him on whom they are imposed. A master is only liable for the acts of his servant not directly commanded by him when and because he is engaged in the furtherance of the master's business, see supra, pages 29-31, and in...


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Product Details
  • ISBN-13: 9780217886826
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 44
  • Spine Width: 2 mm
  • Width: 189 mm
  • ISBN-10: 0217886825
  • Publisher Date: 08 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 95 gr


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