 But where from a given state of facts the law raises a legal obligation to do a particular act, and there is a breach of that obligation, and a consequential damage, there...  Hand-book of Common-law Pleading - Page 100by Benjamin Jonson Shipman - 1895 - 601 pagesFull view - About this book
 | John Simcoe Saunders - 1831 - 598 pages
...all breaches of duty, ex quasi contractu; and "where from a given state of facts the law raises an obligation to do a particular act, and there is a...breach of that obligation, and a consequential damage, an action on the case, founded in tort, is the proper form;" p. Littledale, J., Burnett v. Lynch, 5... | |
 | 1869 - 1032 pages
...(Ns) Bankr. 17 ; ». c. Law Rep. 2 Ch. Ap. 796. (9) 29 Law J. Rep. (Hs) QB 184. <10) 5B. tC. S8». obligation to do a particular act, and there is a...promise implied by law to do the act, still an action upon the case founded in tort is the more proper form of action, in which the plaintiff, in his declaration,... | |
 | Joseph Chitty, Thomas Chitty - 1837 - 860 pages
...accurately described in asuropsit, in which the promise is stated as the gist of the action. But where from a »given state of facts the law raises a legal obligation to do a particular act, f *155] and there is a breach of that obligation, and a consequential damage, there, although assumpsit... | |
 | Ireland. Court of King's Bench - 1850 - 646 pages
...but tort is the more proper form of action ; In Burnett v. Lynch Littledale, J., says : — " Where from a given state of facts the law " raises a legal..."breach of that obligation and a consequential damage, then, (a) 9 Bing. 66. (c) 1 Cr. & M. 646. "although assumpsit may be maintainable upon a promise implied... | |
 | Great Britain. Court of King's Bench, Sir Erskine Perry, Sir Henry Davison - 1839 - 770 pages
...assignee. The Court there held that case was properly brought, and Littledale J. observed, " Where from a given state of facts the law raises a legal...particular act, and there is a breach of that obligation, then although assumpsit may be maintainable upon a promise implied by law to do the act, still an action... | |
 | Joseph Chitty, Tompson Chitty - 1839 - 454 pages
...accurately described in assumpsit, in which the promise is stated as the gist of the action. But where from a given state of facts the law raises a legal obligation to do a particular act, and ihere is a breach of thai obligation and a consequential damage, there, although assumpsit may be maintainable... | |
 | Archibald John Stephens - 1842 - 1072 pages
...accurately described in assumpsit, in which the promise is stated as the gist of the action. But where, from a given state of facts, the law raises a legal...obligation, and a consequential damage, there, although asswnptit may be maintainable upon a promise implied by law to do the act, still an action on the case... | |
 | 1843 - 534 pages
...consider that breach of duty as tortious negligence." Is not a clergyman's an employment for hire? " Where from a given state of facts the law raises a legal...to do the act, still an action on the case founded on tort is the more proper form of action, in which the plaintiff in his declaration states the facts... | |
 | 1846 - 606 pages
...of the obligation, and, consequently, damage, then, although tuntmpiit may be maintainable upon the promise implied by law to do the act, still an action on the case founded on a tort is the proper form in which the plaintiff states in the declation the facts out of which... | |
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