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Contracting Of English Law

Contracting Of English Law image
Parent Issue
Day
17
Month
February
Year
1871
Copyright
Public Domain
OCR Text

A Lonáon barrister, Mr. A. V. Picey lias dono a good sorviee by sliowiug Englishmeu the absurditiea and coutradictions of their i-ominon luw. His experienoes and ülústratious are contained iu a book enlitled "ATícail:; oa tiie Hules for the Selection of t lie Pfiríies fo an Action," - aud among tLc curiosities meulioncd are tho folio w ing : ïha obötruetioii of a higbway is conaidored to cause peculiar diioiago to a man hom it impedes in his business, but none to ,a man wbora it iojörëe lu his trude. The ównor oí u dog is not liablu for its bitiog other uien, uuless he knew of its fierceness, but without any such knowledge be is liable for its bitiug cattle. Il a Lorse is allowed to gtray, aud it kicks a child, the owoer ia not liable, for "it ja not in tbö oidinary couro oj Ihe nature of a horso to kick h child." But f a horse strays iuto a field and kiuks auother mao's horse, the owuer is liablo, because, we presume, it iti in (he ordinary courso of tho nature of a horse to kick another horse. If a man builds cbimneys which must smoke in a certaio diiectioo, and aaothcr man üghts fires which cause smoke to go up the chimneys, any damago causad by the smoko must be made good by tho man who lighted the fires, not by tho man who. built the ch;mneys. A trti;ïcsman Eold a man a lamp wliioh was to be used by the man's wifo. The lamp was o badly made that it exploded, and thu niau's wifo wa3 iujurod. It: was 1) cid Uiut ..iiu éouldr uot recover. Anolhor tradcsman sold a mau some haii-wash to be used by tbo inau'a wife The bair-wash was bo badiy uude that tbe nian's wifo was njured. It was held that Bbe could recover. In tumo of theso cases thu extreme subtluty of tbe distiuciions causes au appareut contrailiotion, whíle it is hard to say that eithor case s wrongly docided. Ií a man aerees to build a house, bis death does Dot put an end to the contract, but it does I be aerees to build a ligln-bouse. Again, the quustion whother a busband has reduced bis wil'o's properly iuto possession or Dot has gteQ liso 10 very tine distinctioiis. Iu oue caae, a wile's trustee bad paitl tlio wifo tbo rent of si;::k' propcrty sottled on her, and bad borrowed from her part of the monoy wbioh vus so paiil. It was held that this money wns reduced into possession by the busband, and that after bis wifeV doatb bo tnigbt recover it froin the trustee. In another case, a pan who had recoived mouoy for a wifo wroto to her and tbld l.er that ho held tho money at ber disposal. It w.is held that after the wife's death thia raoaey did Jiot pasn to hor husband wO-'' Steel eir-rbgs are r.ow tho fashion. They ars fasteued to the ear by a spring &nd bave tho appearance of a eaiall gold dot ir.sertod iu the flesh. They are popular ámoug young ladien, ioasmucb as it is üot Lccessnry to piercë tbs ears.

Article

Subjects
Old News
Michigan Argus