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Questions and Answers on Common Law and Equity Pleading

Questions and Answers on Common Law and Equity Pleading


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This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1911. Not illustrated. Excerpt: ... 23. What is essential to maintain detinue? In order to ground an action of detinue five points are necessary: First, that the defendant came lawfully into possession of the goods; second, that the plaintiff have a property therein; third, that the goods be of some value; fourth, that they be ascertained in point of identity; fifth, that they be unlawfuly detained. 24. What is the action of trespass ?. An action for the recovery of damages for a wrong committed with force, actual or implied, to the person, property, or rights of another. 25. Give an example of actual and of implied force? An assault and battery is an example of actual force, and a peaceable but wrongful entry upon land is an example of implied force. 26. Name the three kinds of trespass? Trespass to the person, trespass de bonis asportatis, and trespass quare clausum fregit. 27. What title is necessary to maintain trespass? Mere possession is sufficient against all but the real owner. 28. What is the action of trespass on the case? An action to recover damages for a wrong committed without force, and it includes all wrongs to which covenant or trespass will not apply. 29. What is the distinguishing feature between trespass and trespass on the case? Trespass lies where the wrong was committed with force, actual or implied, and the injury is the direct consequence of such force. Trespass on the case is proper where the injury was committed without force, or is the indirect consequence of some wrong committed with force. 30. Name the two most usual forms of trespass on the case. Assumpsit and trover. 31. What is the action of assumpsit? An action to recover damages for the breach of a contract not under seal. 32. Into what two classes is assumpsit divided? General and special. In special assumpsit t...


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Product Details
  • ISBN-13: 9781151324528
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 32
  • Spine Width: 2 mm
  • Width: 189 mm
  • ISBN-10: 1151324523
  • Publisher Date: 01 Jan 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 77 gr


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