The Principles of the Law of Torts (Classic Reprint)

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Excerpt from The Principles of the Law of Torts There are few, I conceive, who have had anything to do with the law, whether as injured parties, as students, or as practical lawyers, who have not felt that some of the most insoluble problems of the science are to be found in that branch of it called "The Law of Torts." My apology for proposing to add to the many textbooks on torts - most of them by very learned writers - must be this: that after a careful study of the subject, it appears to me that the treatment of this branch of law in works of authority is defective, owing to the failure to maintain a sufficient distinction between the instrumentality, including the mental attitude and the subsequent conduct, by which an injury is effected, and the several classes of injury resulting from the means so employed. A tort or injury is brought about by conduct working harm, and an exposition of the law of torts should place the elements of conduct and its operation in a separate category from that of the classes of harm in which the operation of conduct results. The two sets of subjects cannot be conveniently intermingled. Yet the elements and operation of conduct are almost invariably discussed under headings interspersed with, and in no way distinguished from, those dealing with the results of conduct. 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.