A Compendium of the Law of Torts; Specially Adapted for the Use of Students

Overview

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 Excerpt: ...that she occasionally assisted in home duties does not create the relation of master and servant between her father and herself so as to entitle the father to maintain an action, for, as Kelly, C.B., said in Hedges v. Tagg (h), " It has been truly said that the action of seduction is founded on a fiction; ...
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A compendium of the law of torts, specially adapted for the use of students

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Overview

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 Excerpt: ...that she occasionally assisted in home duties does not create the relation of master and servant between her father and herself so as to entitle the father to maintain an action, for, as Kelly, C.B., said in Hedges v. Tagg (h), " It has been truly said that the action of seduction is founded on a fiction; but for that fiction, there must be some foundation, however slender in fact." («) Per Littledale, J., in Maunder v. Venn (1829), Moo. & M. 323; 31 R. R. 734. (/) Terry v. Hutchinsan (1868). L. R. 3 Q. B. 599. O) Per Butler, J., in Bennett v. Alcatt (1787), 2 T. R. at p. 168. (A) (1872), L. R. 7 Ex. at p. 205, cited with approval by Vaughan Williams, L.J., in IVhitbourne v. Williams (1901), 2 K. B. at pp. 724, 725. The relationship of master and servant must have existed--1. At the time of seduction; and 2. At the time of illness and loss of service. In Davies v. Williams (i), where a girl was seduced while in the service of one master, and became pregnant during her service with another, it was held that the seducer was not liable. Similarly where the girl was living with her father when seduced, and he died before her illness, at which time she was living with her mother, it was held that no action lay (k). If plaintiff has encouraged profligate persons, or otherwise caused his own injury, he has no ground of action (l). The damages are exemplary or vindictive, not merely for the actual damage sustained, but for the anxiety, distress, loss of society and comfort suffered by the plaintiff, and for the dishonour brought upon him (m). If however the master, not parent, sues, the measure of damages is the actual loss (n). Though no action for seduction lies against a master for seducing his servant, yet this exemption (i) (1848), 10 Q. B. ...
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Product Details

  • ISBN-13: 9781150253805
  • Publisher: General Books LLC
  • Publication date: 5/28/2012
  • Pages: 56
  • Product dimensions: 7.44 (w) x 9.69 (h) x 0.12 (d)

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