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Lawyers' Reports Annotated Volume 45

Lawyers' Reports Annotated Volume 45


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About the Book

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 Excerpt: ...L.R.A. 135, 88 Am. St. Rep. 648, 63 N. E. 369. But it does recognize that certain bounds must be set to the use of means, beyond which he and his associates may not be permitted to go, if a decent regard for the rights of others is to be preserved and the public welfare conserved. It recognizes the peculiar necessity for the establishment of such bounds where the action is that of individuals in combination, by reason of the great power which may result from such combination, and the temptation to use that power in disregard to the rights of persons outside of them. Mogul S. S. Co. v. McGregor, 23 Q. B. Div. 598, 618; Martell v. White, 185 Mass. 255, 260, 64 L.R.A. 260, 102 Am. St. Rep. 341, 69 N. E. 1085. One of the bounds thus fixed, where, as here, concerted action by combinations is concerned, is that the harm inflicted be reasonably referable to the alleged object of lawful gain or advantage; that the means employed be adopted in good faith for the attainment of that object; and that their employment be not prompted by personal ill-will, desire to injure, or express malice of any sort. In the present case the defendants claim to have established a strict compliance with this condition, and that may be assumed. The law, in the interest of fair play and general public welfare, does not stop here. It demands that the means employed in the effort to secure the laudable or lawful end be of themselves not unlawful. They may be unlawful as being in contravention of statutory prohibition, or in the absence of such prohibition. The defendants contend that the test to be applied for the 'determination of lawfulness or unlawfulness of means, where there is no statutory enactment, is their reasonableness or unreasonableness. The trial court seems to have held the ...


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Product Details
  • ISBN-13: 9781130171273
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 992
  • Spine Width: 50 mm
  • Width: 189 mm
  • ISBN-10: 1130171272
  • Publisher Date: 01 Mar 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 1733 gr


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