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Excerpt from The Foundations of Legal Liability, Vol. 1: A Presentation of the Theory and Development of the Common Law; Theory and Principles of Tort The present volume contains a new synthesis of the fundamental principles of tort along scientific and historical lines. The aim has been to discover and indicate the true path of legal evolution in this complicated field. As might be expected from the adoption of new methods of inquiry, and from the opening of new lines of thought, we have turned up many new ideas and have been able to present the old truths in new and more enlightening aspects. The discovery and establishment of what we have called the 'secondary trespass formation' represent, we make bold to believe, a considerable advance in legal knowledge. It gives insight into the nature of a class of torts which have hitherto proved somewhat intractable, and enables us to assign the conception of negligence to its proper place in legal theory. The reader will find that this subject of negligence has been much stirred. We have pointed out its complexity and have shown the reason for the difficulties which are here encountered. Above all, we have illustrated this branch of the law with a copiousness of concrete cases not attempted in connection with any other subject. For the convenience of those who may desire to discriminate we have had the illustrative matter printed in a smaller type than that which is used for the ordinary text. 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.