The Foundations of Legal Liability; a Presentation of the Theory And Development of the Common Law
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In our eReader you can find the full English version of the book. Read The Foundations of Legal Liability; a Presentation of the Theory And Development of the Common Law Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book The Foundations of Legal Liability; a Presentation of the Theory And Development of the Common Law
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Flood (1898), A. C. 125, 172, evince an appreciation of the afSnity be- tween defamation and malicious prosecution. Professor Pollock ten- tatively accepts the suggestions of these learned lords as a rational justification of the law on the sub- ject of malicious prosecution. Poll, on Torts, 6th ed., 310.
It should be remarked that the writer in 8 Encyc. Laws of Eng- land, p. 88, misses the point al- together when, in criticising the ob- servations of Lords Herschell and Davey, he says "there i...s no ju- dicial authority which will justify the proposition that the institution of legal proceedings has ever been presumed to be an actionable wrong, however vexatious they may be." Quite true. The institu- tion of proceedings is the very thing that is not a wrong. It is the making of the criminal charge which supplies the basis of liabil- ity in this tort. The litigation is no evil. That the law countenances, and even makes the occasion of ex- ceptional immunity.
328 FOUNDATIONS OF LEGAL LIABILITY.
What to read after The Foundations of Legal Liability; a Presentation of the Theory And Development of the Common Law?
You can find similar books in the "Read Also" column, or choose other free books by Street, Thomas Atkins, 1872-1936 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Flood (1898), A. C. 125, 172, evince an appreciation of the afSnity be- tween defamation and malicious prosecution. Professor Pollock ten- tatively accepts the suggestions of these learned lords as a rational justification of the law on the sub- ject of malicious prosecution. Poll, on Torts, 6th ed., 310.
It should be remarked that the writer in 8 Encyc. Laws of Eng- land, p. 88, misses the point al- together when, in criticising the ob- servations of Lords Herschell and Davey, he says "there i...s no ju- dicial authority which will justify the proposition that the institution of legal proceedings has ever been presumed to be an actionable wrong, however vexatious they may be." Quite true. The institu- tion of proceedings is the very thing that is not a wrong. It is the making of the criminal charge which supplies the basis of liabil- ity in this tort. The litigation is no evil. That the law countenances, and even makes the occasion of ex- ceptional immunity.
328 FOUNDATIONS OF LEGAL LIABILITY.
What to read after The Foundations of Legal Liability; a Presentation of the Theory And Development of the Common Law?
You can find similar books in the "Read Also" column, or choose other free books by Street, Thomas Atkins, 1872-1936 to read onlineMoreLess
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