A Treatise on the Law of Reparation |
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Common terms and phrases
action of damages agent Anderson answer apprehended Auchterarder bill bound breach burgh Caledonian Caledonian Railway Campbell carrier caution charge circumstances claim Clyde Shipping Clydesdale Bank common law conduct consequence contract Court Court of Session creditor culpa damnum debt debtor decree defender delict diligence duty Edinburgh Elch employer entitled ex delicto ex facie execution fact false fault Fraser fraud Glasgow Graham granted ground guilty Hamilton held Henderson House of Lords Hume illegal imprisonment injury issue jury landlord liable in damages libel Lord Advocate loss M'Intosh Mackenzie magistrates Mags malice master ment messenger Miller negligence obligation occasioned officer owner party payment person poinding precognition principle prison probable cause proceedings proper proprietor pursuer Railway reasonable recover responsible Robertson Roman law rule says Lord Scott servant ship slander Smith statute Stewart sustained tenant Thomson tion trustees Vict warrant Wilson wrong wrongfully
Popular passages
Page 395 - But if the ox were wont to push with his horn in time past, and it hath been testified to his owner, and he hath not kept him in, but that he hath killed a man or a woman ; the ox shall be stoned, and his owner also shall be put to death.
Page 423 - ... limiting such liability ; every such notice, condition, or declaration being hereby declared to be null and void: Provided always, that nothing herein contained shall be construed to prevent the said companies from making such conditions with respect to the receiving, forwarding, and delivering of any of the said animals, articles, goods, or things, as shall be adjudged by the Court or judge before whom any question relating thereto shall be tried to be just and reasonable...
Page 203 - A communication made bona fide upon any subject-matter In which the party communicating has an interest, or in reference to which he has a duty, is privileged if made to a person having a corresponding interest or duty, although it contain criminatory matter, which, without this privilege, would be slanderous and actionable...
Page 498 - But, on the other hand, if these special circumstances were wholly unknown to the party breaking the contract, he, at the most, could only be supposed to have had in his contemplation the amount of injury which would arise generally, and in the great multitude of cases not affected by any special circumstances, from such a breach of contract.
Page 432 - Act provides that no owner or master of any ship shall be answerable to any person whatever for any loss or damage occasioned by the fault or incapacity of any qualified pilot acting in charge of such ship within any district where the employment of a pilot is compulsory by law.
Page 458 - The Common Law affords to every one reasonable protection against fraud in dealing; but it does not go to the romantic length of giving indemnity against the consequences of indolence and folly, or a careless indifference to the ordinary and accessible means of information.
Page 434 - London, (the act of God, the queen's enemies, fire, and all and every other dangers and accidents of the seas, rivers, and navigation, of whatever nature and kind soever, excepted,) unto order or to assigns, he or they paying freight for the said goods at 51.
Page 35 - ... whether the damage was occasioned entirely by the negligence or improper conduct of the defendant, or whether the plaintiff himself so far contributed to the misfortune by his own negligence or want of ordinary care and caution, that but for such negligence or want of ordinary and common care and caution on his part, the misfortune would not have happened.
Page 447 - I conceive, that, if a man, having no knowledge whatever on the subject, takes upon himself to represent a certain state of facts to exist, he does so at his peril; and, if it be done either with a view to secure some benefit to himself, or to deceive a third person, he is in law guilty of a fraud, for, he takes upon himself to warrant his own belief of the truth of that which he so asserts.
Page 423 - Provided also, that no special Contract, between such Company and any other Parties respecting the receiving, forwarding, or delivering of any Animals, Articles, Goods, or Things as aforesaid shall be binding upon or affect any such Party unless the same be signed by him or by the Person delivering such Animals, Articles, Goods, or Things respectively for Carriage...