Excerpt from The Doctrine of Damnum Absque Injuriâ Considered in Its Relation to the Law of Torts
The subject may at first blush appear to be one of exceptions to general rules. I have endeavored, by statement of principle, and such illustration as I thought would be acceptable, to sys tematize the law upon the matter, and from its scattered con dition it has not been a very easy task. I h0pe to have taken at least one step towards demonstrating. That it is not a mere abnormal growth, nor a bundle of exceptions, and that it may perhaps be entitled to rank as a distinct branch of the law, although a minor branch, presenting no greater proportion of isolated features or discordant elements than many others. However this may be, the result of investigating the law that has grown around a Latin phrase is now before the reader.
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This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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Excerpt from The Doctrine of Damnum Absque Injuriâ Considered in Its Relation to the Law of Torts
The subject may at first blush appear to be one of exceptions to general rules. I have endeavored, by statement of principle, and such illustration as I thought would be acceptable, to sys tematize the law upon the matter, and from its scattered con dition it has not been a very easy task. I h0pe to have taken at least one step towards demonstrating. That it is not a mere abnormal growth, nor a bundle of exceptions, and that it may perhaps be entitled to rank as a distinct branch of the law, although a minor branch, presenting no greater proportion of isolated features or discordant elements than many others. However this may be, the result of investigating the law that has grown around a Latin phrase is now before the reader.
About the Publisher
Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com
This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Excerpt from The Doctrine of Damnum Absque Injuriâ Considered in Its Relation to the Law of Torts
It is hoped that such an inquiry as this may prevent much u'seless litigation, expensive to the client and perhaps vexatious and unremunerative to the attorney, since such cases more than any others are taken by the attorney upon contingent compen sation, where this is allowed. While a party may consider himself aggrieved at not being provided with a remedy by the laws of his country, it may be of considerable advantage to him to know the fact before entering into litigation, where in the ordinary course of events defeat is inevitable, assuming that the case is properly presented on the adverse side, and that the court is informed of the law.
It is proposed to treat the subject in its relation to the law of torts. The author considers this its legitimate sphere. In a broad sense, when a promissory note becomes barred by the Statute of Limitations, or when a creditor is compelled by a bankrupt or insolvent law to takia a small percentage instead of the whole claim, or when a verbal agreement falls within the purview Of the Statute of Frauds, a person snfiers a loss and it is a loss without a remedy, but it is not what lawyers under stand by the term damnum absque injurit'i. I have, therefore, rejected discussions of the law of contracts and mere breach of contract, and have considered the subject solely in its re lation to the law of torts, to which grand division of the law I consider that it properly belongs.
About the Publisher
Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com
This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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PAP. Zustand: New. New Book. Shipped from UK. Established seller since 2000. Bestandsnummer des Verkäufers LX-9781334602818
Anzahl: 15 verfügbar
Anbieter: Forgotten Books, London, Vereinigtes Königreich
Paperback. Zustand: New. Print on Demand. This book explores the concept of 'damnum absque injuria,' or damage without injury, in the eyes of the law. The author begins by defining a tort, or legal wrong, and contrasting it with instances where damage occurs but there is no wrongful act, and therefore no legal remedy. The book provides numerous real-life examples to illustrate the distinction between the two, showing how the law often prioritizes preventing legal wrongs (torts) over granting a remedy for every harm suffered. Through these examples, the author demonstrates that although the law aims to provide justice, there are practical and societal reasons why it cannot always offer compensation for every loss. This book is a reproduction of an important historical work, digitally reconstructed using state-of-the-art technology to preserve the original format. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in the book. print-on-demand item. Bestandsnummer des Verkäufers 9781334602818_0
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