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Author: Emanuel van Dongen Publisher: Martinus Nijhoff Publishers ISBN: 9004278729 Category : Law Languages : en Pages : 498
Book Description
Accidents often occur not only through the fault of the wrongdoer but also partly through the conduct of the injured party. This contributory conduct of the injured party and its consequences for the delictual liability of the wrongdoer have been central issues in the study of private law for centuries. In Contributory Negligence. A Historical and Comparative Study Van Dongen presents a detailed study of how from Antiquity to today the negligent behaviour of the injured party has influenced claims for damages based on delictual liability and how it evolved into the modern concept of contributory negligence. His research comprises a comparative legal study of the main current developments concerning the concept of contributory negligence in France, Germany and the Netherlands.
Author: Victor E. Schwartz Publisher: MICHIE ISBN: Category : Law Languages : en Pages : 730
Book Description
Comparative Negligence, Third Edition fully discusses a doctrine that has been a major force of change in tort law over the past 20 years. Since its initial publication in 1974, it has become the leading reference covering the interaction of comparative negligence with every relevant tort doctrine.
Author: Charles Fisk Beach Publisher: Rarebooksclub.com ISBN: 9781230070834 Category : Languages : en Pages : 246
Book Description
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1892 edition. Excerpt: ... a railway to make and maintain a fence may arise out of contract.9 And such a contract will be implied, if in granting the right of way the award of damages was made on the understanding that a fence would be erected and maintained by the company.1 In Kentucky, per contra, it is held that neither the grantor of right of way to a railway company through his property, nor the company itself, is under any legal obligation to maintain fences.2 When the track is not fenced by the railroad company, it will be held to assume the risk of damage to its own property, as the result of all intrusions from animals, just as other proprietors are held to do who leave their lands unenclosed.2 In Vicksburg, &c., R. Co. v. Patton, ' the court said: --" As a proprietor, the company is under no greater obligation to fence its road than any other owner of land; but, in the event of an injury, the fact that the road was not fenced must and should exercise an infiuence in weighing the degree of care to be employed by the company. When an injury is done, the omission to fence will be weighed along with the other circumstances in determining the measure of burg, 32 Ind. 199. In this case a railroad company agreed, in part consideration for a right of way, to reimburse the owner of the land for whatever damage might be done by the running of the cars. Held, that the company was not bound by this contract to answer in damages for the consequences of the landowner's negligence. 'Roll. Abr. Trespass, 565, pl. 3; 2 Waterman on Trespass, 299; Kerwhacker 0. Cleveland, &c., R. Co., 3 Ohio St. 172, 185; s. c. 62 Am. Dec. 246; Atlantic, &c., R. Co., 0. Burt, 49 Ga. 606; Macon. &c., R. Co. 0. Vaughn, 48Burt, 464; Vicksburg, &c.. R. Co....
Author: Martin Jarrett
Author: Martin Jarrett
Author: Charles Fisk Beach (Jr.)
Author: Beach
Author: Charles Fisk Beach
Author: Emanuel van Dongen
Author: Victor E. Schwartz
Author: Thomas Gaskell Shearman
Author: Manitoba. Law Reform Commission
Author: Glanville Llewelyn Williams
Author: Charles Fisk Beach