A Selection of Cases On the Law of Torts
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to which is to prevail, and whether the diminution of either by the exercise of the rival freedom gives rise to a right of action. It is an exercise of a man's personal freedom to shout and make a noise, and if nobody else is interfered with he may shout as loud and as often as he likes. But it is an exercise of another's personal freedom to pass his time in peace and quiet. Each must submit in some degree to the other. The man who loves quiet must make some allowance for his neighbor's freedom... to shout. The shouting man must pay some respect to his neighbor's peace, and if he goes beyond what is reason- able he commits an actionable vrrong. Here and in many cases the test of whether that which in itself and so far as its mere nature goes is not unlawful constitutes a cause of action or not is degree. There are other cases in which the motive becomes the test. A man may write or speak to a person having a common interest in the subject-matter of the communication with the utmost freedom about another man, and may say things most damaging to that other, so long as he does it honestly.
What to read after A Selection of Cases On the Law of Torts?
You can find similar books in the "Read Also" column, or choose other free books by Smith, Jeremiah, 1837-1921 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
to which is to prevail, and whether the diminution of either by the exercise of the rival freedom gives rise to a right of action. It is an exercise of a man's personal freedom to shout and make a noise, and if nobody else is interfered with he may shout as loud and as often as he likes. But it is an exercise of another's personal freedom to pass his time in peace and quiet. Each must submit in some degree to the other. The man who loves quiet must make some allowance for his neighbor's freedom... to shout. The shouting man must pay some respect to his neighbor's peace, and if he goes beyond what is reason- able he commits an actionable vrrong. Here and in many cases the test of whether that which in itself and so far as its mere nature goes is not unlawful constitutes a cause of action or not is degree. There are other cases in which the motive becomes the test. A man may write or speak to a person having a common interest in the subject-matter of the communication with the utmost freedom about another man, and may say things most damaging to that other, so long as he does it honestly.
What to read after A Selection of Cases On the Law of Torts?
You can find similar books in the "Read Also" column, or choose other free books by Smith, Jeremiah, 1837-1921 to read onlineMoreLess
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