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Principles of the Common Law; An Elementary Work Intended for the Use of Students and the Profession

Principles of the Common Law; An Elementary Work Intended for the Use of Students and the Profession


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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. 1883 Excerpt: ...is given to it, viz., that it is some wrongful act which consists in the withholding or violating some legal right, and, as will be presently noticed, there are many torts in some way connected with contracts, and which are said to arise out of or flow from contracts. Before, however, proceeding to further notice this, it is important to have a correct appreciation of the difference between rights arising from breach of contract and rights arising from tort, using that term as signifying an injury independent of contract, for these are the more ordinary and usual kind of torts. Where a person's right arises from a wrongful act Difference independently of any contract, his action is styled an ari-TngDfroni action ex delicto, but when arising strictly out of a hSependen'tw contract it is called an action ex contractu, and in this latter kind it is necessary that there should be privity between the plaintiff and the defendant, for a person cannot sue upon a contract when there is no privity between himself and the party against whom he claims. Thus, if a person sends a message by a telegraphic company, and a mistake is made by the company in sending it, whereby he (the sender) is injured, here there is privity of contract between him and the company, and he has a right of action ex contractu against them. But if through the mistake an injury happens to the person to whom the message is sent, there being no privity of contract between him and the company--for he indeed made no contract with them--he can have no right of action against them ex contractu (p), though possibly he might have such a right ex delicto, on the ground of the company having been guilty of a tort, by reason of the breach of their proper duty. To support an action ex contractu, therefo...


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Product Details
  • ISBN-13: 9781231234396
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 194
  • Spine Width: 10 mm
  • Width: 189 mm
  • ISBN-10: 1231234393
  • Publisher Date: 01 May 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 354 gr


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