Introductory Chapter | |
The Antiquity of Torts:--The Recency of Text Books on Torts | p. 1 |
Beginning of Modern Theory of Torts | p. 2 |
Indefiniteness of the Term | p. 3 |
Non-Contract Law | p. 3 |
Thou Shalt Do no Hurt to Thy Neighbor | p. 3 |
Other Attempts at Simplification | p. 4 |
Tort may be Negative.--Innkeeper | p. 4 |
Tort may Violate Right in Personam | p. 6 |
Right of guest against Innkeeper | p. 6 |
Right of Shipper | p. 7 |
Agent as Tort Feasor | p. 8 |
Torts Springing out of Contract | p. 9 |
Nature of a Tort | |
Its Chief Characteristics | p. 11 |
Tort is distinguishable from crime | p. 12 |
Merger of Tort in Felony: In England | p. 12 |
Same in America | p. 13 |
The distinction between a tort and a breach of contract | p. 14 |
Plaintiff's Option to sue in Contract or Tort | p. 16 |
Advantage of Suing in Tort | p. 17 |
Disadvantage of Suing in Tort | p. 19 |
Extending the Area of Tort | p. 21 |
Plaintiff Must Show Breach of Legal Duty | p. 22 |
False Statements Causing Damage | p. 23 |
Waiving Tort and Suing in Contract | p. 24 |
Distinction between Quasi-Contract and True Contract | p. 25 |
Quasi-Delict | p. 27 |
Quasi-Tort | p. 28 |
Harm That Are Not Torts | |
Harm Must be Unlawful | p. 29 |
Defamation by Legislators | p. 30 |
Judicial Officers' Exemption | p. 30 |
Harms Inflicted by Acts of State | p. 37 |
Liability of Government Officials to Fellow Citizens | p. 39 |
Acts of Military and Naval Officers | p. 42 |
Harms Done Under the Police Power | p. 42 |
Defense of Self and Property | p. 51 |
Conflicting Rights | p. 62 |
Assent of Plaintiff | p. 74 |
Plaintiff a Wrongdoer | p. 85 |
Remoteness of Damage. Proximate Cause | p. 89 |
Mental Anguish; Wounded Feelings; Fright; Nervous Shock | p. 94 |
Parties to tort actions | |
Corporations | p. 105 |
Members of the Family | p. 117 |
Actions Involving the Relation of Master and Servant | p. 130 |
Special Duties of Master Towards Servant | p. 157 |
Remedies | |
Development of Remedies | p. 188 |
Self-Help | p. 189 |
Action for Damages is the Ordinary Tort Remedy | p. 196 |
Local Actions for Tort | p. 213 |
Conflict of Laws in Transitory Actions | p. 214 |
Indemnity Between Wrongdoers | p. 218 |
Contribution Between Wrongdoers | p. 219 |
Discharge of Torts | |
Two Species of Discharge | p. 221 |
Discharge by Operation of Law | p. 228 |
| |
Particular Torts | p. 240 |
False Imprisonment | p. 240 |
Malicious Prosecution | p. 248 |
Malicious Abuse of Process | p. 262 |
Wrongs Kindred to Malicious Prosecution | p. 264 |
Assault and Battery | |
What Constitutes this Tort | p. 266 |
Wrongful Disturbance of Family Relations | |
The Family Head and Family Rights | p. 273 |
Abduction | p. 279 |
Torts Against the Master | p. 285 |
Conspiracy as a Tort | p. 287 |
Defamation | |
Nature of the Tort | p. 291 |
Libel and Slander | p. 300 |
Slander | p. 309 |
Defenses in Actions for Defamation | p. 319 |
Trespass to Property | |
Definition of Trespass | p. 337 |
Trespass to Realty | p. 337 |
Intention of Trespasser | p. 338 |
Mitigation and Aggravation of Damages | p. 339 |
The Right to Damages for Trespass to Land | p. 339 |
Injuries Which are not Trespass | p. 340 |
The Possession of Plaintiff | p. 340 |
Trespass by Animals | p. 341 |
Trespasses by Animals Driven Along Highways | p. 343 |
Duty of Land-Owner to Trespassers | p. 343 |
Trespass to Chattels | p. 343 |
Intention to Inflict Harm is not material | p. 344 |
Possession of Plaintiff | p. 345 |
Excusable Trespasses | p. 345 |
Trespass Ab Initio | p. 346 |
Trover and Conversion | |
The Fiction of Finding | p. 347 |
Subject Matter of Trover | p. 348 |
Against Whom the Tort May be Committed | p. 348 |
How Conversion is Committed | p. 349 |
Wrongful Asportation in the Exercise of Dominion | p. 349 |
Intention to Convert | p. 350 |
Conversion without Physical Taking | p. 350 |
Goods Obtained By Fraud | p. 351 |
Excluding the Rightful Owner, or Possessor | p. 352 |
Nonfeasance, or Neligent Omission | p. 352 |
Sale of Property, as a Conversion | p. 353 |
Purchaser is also Liable for Conversion | p. 354 |
Wrongful Use of Property as a Conversion | p. 355 |
Conversion of Principal's Property by Agent | p. 356 |
Asportation or Detention by a Mere Custodier | p. 357 |
Conversion by a Finder | p. 358 |
Conversion by Unlawful Detention | p. 360 |
Unconditional Refusal | p. 360 |
Qualified Refusal | p. 361 |
Conversion by a Tenant in Common | p. 362 |
Conversion by Pledgee | p. 363 |
Tender of Converted Goods by Defendant | p. 363 |
Deceit and Kindred Torts | |
Deceit | p. 365 |
Slander of Title | p. 380 |
Unfair Competition | p. 384 |
Nuisance | |
Private Nuisance | p. 395 |
Public Nuisance | p. 408 |
Parties to Nuisance Actions | p. 409 |
Remedies for Nuisance | p. 416 |
Negligence | |
Nature of the Tort | p. 420 |
Froving Negligence | p. 425 |
Contributory Negligence | p. 430 |
Imputed Negligence | p. 442 |
Liability of Land Owner or Occupier; and of Others Engaged in Extra Hazardous Undertakings | p. 445 |
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