Publisher's Synopsis
From the PREFACE.
The treatise which follows has been prepared primarily for the use of students at law and instructors in law schools. The design has been to present succinctly the elements of the law of Torts.
A word in justification of the title may appropriately be added in view of the fact that it has been supposed the same subjects may be treated under the title " Non-Contract Law." But the author in this instance, as in the preparation of his larger treatise upon the law of Torts, has given that subject such consideration as its importance deserves.
An appropriate title is important, inasmuch as it generally marks the author's point of view. An erroneous point of view may, and frequently does, obscure a clear and perfect view of the subject under contemplation.
Non-Contract Law fits very appropriately the idea expressed in some quarters that torts arise independent of contract; but while torts may arise independently of contract relations, they very frequently arise in connection with a contract relation. Indeed the whole law of election of remedies is based upon the proposition that under some circumstances the contract may be waived, and the transaction treated as a tort, or the tort be waived and the transaction treated as a contract. The case of Rich v. The New York Central & Hudson River Railroad Co., 87 N. Y. 382, is a most interesting case upon this subject.
Students of American law should bear in mind the derivation of many of the titles of our law. This word Tort is not strictly of English origin: it expresses an idea not exactly commensurate with the Roman idea of delicts. To the English lawyer it conveys a distinct and definite idea. It is of Norman-French origin, and like the word Chose does not find a counterpart anywhere else. So the word Tort has become a part of the nomenclature of Anglo-American law, and should not be discarded unless for a better reason than has been suggested.
Liberal use has been made of the text of the author's larger work upon the same subject, but pains have been taken to revise, transpose and arrange the -matter in such a manner as to make the law of Torts as easily comprehensible to the student as possible. The citation of authority has not been confined to such cases as are cited in the other work, and great care has been taken in the selection of cases cited.
The author desires to acknowledge the valuable assistance of Mr. Arthur Percival Will, to whom has been entrusted the annotation and who has assisted throughout the work.
