COPYRIGHTS,

infringements of, 262-269.

(See PATENTS AND COPYRIGHTS.)

CORPORATIONS,

liability for tort in general, 28-30.

for particular torts, 29.

in cases of charities, 29.
torts of directors, 66, 340, 341.

CRIME,

defined, 10, note.

distinguished from tort, 19.
imputation of, 118-120.

CRIMINAL CONVERSATION,

action for, 203–205.

CRITICISM,

not defamation, 144.

fair criticism, 144.

of works of art, 144.

of conduct of public men, 144–146.

CUSTOMERS,

injuries to, by condition of premises, 352–357.

D.

DAMAGE

term explained, 17-19.

in deceit, 75-81.

in malicious prosecution, 99, 100.

in conspiracy, 107.

in malicious interference with contracts, 110, 111.

in slander, 115-118.

in assault and battery, 152, 161.

in false imprisonment, 165.

in enticement and seduction, 191, 193, 199.

in trespass, 219.

in conversion, 244, 245.

in infringements of patents and copyrights, 251, 262, 263,

269.

in violation of rights of support, 270.

in violation of water rights, 281.

in nuisance, 287.

escape of animals, 303.

in escape of dangerous elements or substances, 305.
in negligence, 314.

DANGEROUS THINGS, ESCAPE OF,
protection against, 305–310.

DEATH,

actio personalis moritur cum persona, 44-46.
of either party terminates liability, 45.

DECEIT,

except in what cases, 45, 46.

elements of action for, 49, 50.

The Representation, 50-62.

definition of 'representation,' 50.

how representation differs from warranty, 50, 51.
warranty treated as representation, 52.

representation requires an act, 52.

silence, 52-54.

concealment, 53.

representation should create a clear impression, 54.

language not necessary, 54.

difference between vagueness and ambiguity, 55.

impression of fact required, 56.

opinion involves fact, 56, 57.

false opinion may be actionable, 56, 57.

prediction, 57.

misleading contrast between fact and opinion, 57.

statements of opinion, 56–58.

statements must be sufficient to influence conduct, 57--61.

statements of value, 57, 58.

statements of income, 58.

statements concerning a man's pecuniary condition, 59.

representation of law, 59, 60.

taking advantage of ignorance of law, 60.

materiality, 60, 61.

falsity, 61, 62.

literal sense of words, 62.

Defendant's Knowledge of Falsity, 63–66.

honest statement of fact generally not actionable, 63.
exceptions as to matters within the party's peculiar means
of knowledge, 64, 65.

representations by agents concerning their authority, 65, 66.

DECEIT - continued.

representations by directors of corporations, 66.
Ignorance of the Plaintiff, 66-74.

knowledge of facts by plaintiff fatal to action,
belief in defendant's statements, 66, 67.

making investigation, 67.

when plaintiff bound to know the facts, 67.
means of knowledge, 68.

means of knowledge at hand, 68, 69.

necessity of reading contract, 70.

fraudulent misreading, 70.

damages recoverable without rescission, 70, 71.
prudence disarmed by misrepresentation, 71.
negligence of party deceived, 71.

partial examination of facts by him, 71, 72.
concealment from him, 72.

sale with faults, 73.

parties not on equal footing, 73.

acceptance of property, 73, 74.

66.

Intention that Representation should be acted on, 74–76

explanation of this expression, 74.

reasonable inference of such intention, 75.

intent to injure, 76.

Acting on Representation, 76–78.

damage, 76.

preventing one from attaching property, 77.

when plaintiff entitled to act on representation, 77, 78.
Quasi Deceit, 78-81.

trademarks and quasi-trademarks, 78–80.

infringement of same and elements of action for, 78, 79.
slander of title and elements of action for, 80, 81.

malice in such case, 80, 81.

DEFAMATION.

(See SLANDER and Libel.)

DEMAND AND REFUSAL,

when necessary to constitute conversion, 249, 250.
DESIGNS,

infringements of patents for, 257, 258.

DETENTION,

of prisoner by officer, 170, 171.

DIGESTS,

when infringements of copyright, 268.

DIRECTORS OF CORPORATION,
misrepresentations by, 66.

liability of, for negligence, 340, 341.

DISEASE,

imputation of having disgraceful, 120, 121.
DISMISSAL OF SUIT,

in actions for malicious prosecution, 85-89.
DOCK-OWNERS,

duty of, 355, 356.

DOMESTIC SERVANTS,
distinction as to, 36.

DRUNKENNESS,

imputation of, against a woman, 119, note.

DURESS,

effect of, 101.

DUTIES,

the correlation of rights, 3–9.

as basis of law of torts, 9.

E.

EFFIGY,

defamation by, 127.

ENTICEMENT AND SEDUCTION,

elements of action, 191.

Parent and Child, 192-198.

ground of parent's rights of action, 192.

animus revertendi, 192.

child of age, 193, 194.

pregnancy or disease resulting, 194, 195.

mental suffering, 195.

services, 195.

willingness of daughter, 195.

mother's right of action, 195, 196.

seduction by daughter away from home, 197.

action by daughter, 197.

consent or misconduct of parent, 197, 198.

Guardian and Ward, 198, 199.

suit by guardian, 198.

difference between guardian and master, 199.

ENTICEMENT AND SEDUCTION- continued.
Husband and Wife, 199–205.

gist of action by husband or wife, 199, 200.

wife's right of action for alienation, 199, note.

liability of parent for enticing daughter from husband, 200,
201.

harboring wife, 201-203.

seduction after wife's separation, 203, 204.

infidelity of husband, 204.

consent or misconduct of husband, 204.

negligence or inattention of husband, 205.
condonation, 205.

ENTRY,

by fireman, 20.

doctrine of relation of entry, 216, 217.

rights of entry, 208, 220-225.

forcible, 222, note.

by letter-carrier, 350, note.

ESCAPE OF ANIMALS.

(See ANIMALS.)

ESCAPE OF DANGEROUS THINGS,

Nature of Protection required, 305–310.
reservoirs, 306.

effect of gravitation, 307.

extraordinary efforts, 307.

vis major and act of God, 307, 308.

legislative authority, 308, 309.

fall of snow or ice, 309, 310.

damage from blasting, 310.

explosion of boiler, 310.

EXECUTORS AND ADMINISTRATORS,

liability for negligence, 339.

EXPLOSION,

damage from, 310.

F.

FALSE IMPRISONMENT,

Nature of Restraint, 165–168.

submission to restraint, 166, 168.

prison-walls not necessary, 167, 168.