Publisher's Synopsis
Excerpt from The Law of Negligence, Vol. 1 of 2: Relations Not Resting in Contract; Illustrated by Leading Cases and Notes
The preface of a book ought to be a brief advertisement of its con tents and purposes, from the author's point of view. These volumes embody an attempt to classify and present the case-law of England and America on the subject of Negligence, in relations not springing out Of contract, in a form which it was thought would prove most useful and convenient to practising lawyers. Dismissing the definitions of negli gence which are usually given in the law-books, the writer came to the conclusion that its proper legal meaning is a failure of duty, generally unintentional, but sometimes intentional.1 The foundation of every action for negligence is, therefore, a duty on the part of the defendant toward the plaintiff to abstain from doing what he did, or to do what he failed to do.
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