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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.
This comprehensive work traces the theory and development of common law, illuminating the foundations of legal liability. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
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This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Excerpt from The Foundations of Legal Liability, Vol. 2: A Presentation of the Theory In this, the second volume of the foundations OF legal liability, the author has undertaken to work out along historical and evolutionary lines the fundamental principles of our law of contract. The same method has been here pursued that was followed in the writing of the first volume, and the same general aim has been kept in view. Nevertheless, the result is appreciably different. The former volume is, within its limits, a rounded treatise on the subject of torts; the present volume is more in the nature of a preliminary study of the law of contract than a rounded treatise on that subject. In the former volume we were able to preserve a very satisfactory balance between matter of pure legal history and matter expository of legal principles. In this volume we have been forced to lay more stress on matter of pure legal history than on matter expository of the existing state of the law. The reason for this is to be found in certain grave difficulties which were encountered at the very threshold of these inquiries into the law of contract. The existence of these made it nec essary that some preliminary work of a very searching nature should be done. The author accordingly set about the doing of this preliminary work, and the result is the book that is now before the reader. It was thought better to deal fully and exhaustively with the root principles in our law of contract rather than to attempt a systematic presentation of the whole subject. Legal theory in the field of contract was found not to be ripe for that rounded scientific synthesis which, it is to be hoped, will some day appear. 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.