United States or Comoros ? Vote for the TOP Country of the Week !
Offences which we are accustomed to regard exclusively as crimes are exclusively treated as torts, and not theft only, but assault and violent robbery, are associated by the jurisconsult with trespass, libel and slander. All alike gave rise to an Obligation or vinculum juris, and were all requited by a payment of money.
Beyond these obvious exemptions there are all sorts of degrees of responsibility, carefully worked out in that branch of the law known as "torts."
Now the penal law of ancient communities is not the law of Crimes; it is the law of Wrongs, or, to use the English technical word, of Torts. The person injured proceeds against the wrong-doer by an ordinary civil action, and recovers compensation in the shape of money-damages if he succeeds.
This, at all events, is the conclusion pointed at by the legal history of the two great states of antiquity, with tolerable clearness in one case, and with absolute distinctness in the other. The primitive penal law of Athens entrusted the castigation of offences partly to the Archons, who seem to have punished them as torts, and partly to the Senate of Areopagus, which punished them as sins.
The theory of torts may be summed up very simply. At the two extremes of the law are rules determined by policy without reference of any kind to morality. Certain harms a man may inflict even wickedly; for certain others he must answer, although his conduct has been prudent and beneficial to the community.
Here, he felt, in this quiet office, far from the tumult and noise of the world, in a haven of torts and misdemeanours and Vic. I Cap 3's, and all the rest of it, he might find peace. At any rate, it was worth taking a stab at it. "Your trip has done you good," said Sir Mallaby approvingly. "The sea air has given you some sense. I'm glad of it.
My aim and purpose have been to show that the various forms of liability known to modern law spring from the common ground of revenge. In the sphere of contract the fact will hardly be material outside the cases which have been stated in this Lecture. But in the criminal law and the law of torts it is of the first importance.
Long hours of brooding among the red plush settees in the lounge of the Hotel Magnificent at Bingley-on-the-Sea had brought about this strange, even morbid, attitude of mind in Samuel Marlowe. Work, he had decided, was the only medicine for his sick soul. Here, he felt, in this quiet office, far from the tumult and noise of the world, in a haven of torts and misdemeanours and Vic.
So in his second year Franklin fared somewhat beyond principles merely, and got into notes and bills, torts, contracts, and remedies. He learned with a shiver how a promise might legally be broken, how a gift should be regarded with suspicion, how a sacred legacy might be set aside.
So far as the action did not exceed the true limits of tort, it was immaterial whether there was a consideration for the undertaking or not. But when the mistake was made of supposing that all cases, whether proper torts or not, in which an assumpsit was alleged, were equally founded on the promise, one of two erroneous conclusions was naturally thought to follow.
Word Of The Day