The Law of Agency: Including the Law of Principal and Agent and the Law of Master and Servant, Svazek 1

Přední strana obálky
Little, Brown, 1901 - Počet stran: 406

Vyhledávání v knize

Obsah

acts which master reasonably led servant to believe were authorized
248
Undisclosed principal
249
acts for masters benefit
250
acts for servants benefit
251
1 in furtherance of the employment
252
2 injuries to passengers
253
3 misuse of dangerous instrumentalities
254
Liability of Agent in QuasiContract
255
Imputed notice
256
General doctrine
257
Liability of the state and its agencies
258
Liability of municipal corporations
259
208
260
Liability of public charity
261
Liability of private person served by public officer
262
CHAPTER XIII
263
Money paid agent by mistake or fraud
264
214
266
INTRODUCTION
271
217
273
General rule
280
230
283
CHAPTER XIX
286
Parent and child
295
110
311
315
314
Introductory
322
220
328
LIABILITY OF MASTER FOR INJURIES TO SERVANT
329
CHAPTER XXIV
330
The fellowservant rule
331
Section Page 272 Evolution of the rule
332
112
335
the viceprincipal doctrine
338
the superior officer test
339
the nonassignable duty test
340
summary of viceprincipal doctrine
344
115
345
CHAPTER XXV
350
120
351
Servants assumption of risks
352
Servants contributory negligence
356
Wilful torts
357
PART IV
359
LIABILITY OF PRINCIPAL FOR TORTS OF AGENT
360
Liable to coservant for misfeasance
361
Liability to Third Persons 290 Liable for misfeasance but not for nonfeasance
362
Misfeasance
365
acts of state
366
LIABILITY OF THIRD PERSON FOR TORTS TO MASTER
367
221
370
Distinction between servants torts and agents torts
371
APPENDIX
375
Massachusetts Employers Liability
381
Gratuitous Agents 97 Obligations of gratuitous agents 98 Gratuitous bank directors
388
124
389
Fraud and misrepresentation generally
392
222
393
330
396
331
397
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Oblíbené pasáže

Strana 346 - By reason of any defect in the condition of the ways, works, machinery, or plant connected with or used in the business of the employer...
Strana 346 - ... the workman, or in case the injury results in death, the legal personal representatives of the workman, and any persons entitled in case of death, shall have the same right of compensation and remedies against the employer as if the workman had not been a workman of nor in the service of the employer, nor engaged in his work.
Strana 376 - ... shall be deemed to be the true owner thereof, so far as to give validity to any contract made by such agent with any other person, for the sale or disposition of the whole or any part of such merchandise, for any money advanced, or negotiable instrument or other obligation in writing given by such other person upon the faith thereof.
Strana 203 - It is a settled doctrine of the law of agency in this state that, where the principal has clothed his agent with power to do an act upon the existence of some extrinsic fact necessarily and peculiarly within the knowledge of the agent, and of the existence of which the act of executing the power is itself a representation, a third person dealing with such agent in entire good faith, pursuant to the apparent power, may rely upon the representation, and the principal is estopped from denying its truth,...
Strana 291 - And the rule of law may be that in all cases where a man is in possession of fixed property he must take care that his property is so used and managed that other persons are not injured, and that, whether his property be managed by his own immediate servants or by contractors or their servants.
Strana 132 - ... be liable on the warranty, because the servant was acting within the general scope of his authority, and the public cannot be supposed to be cognizant of any private conversation between the master and...
Strana 383 - ... under the provisions of this section shall be deemed to be invalid or insufficient solely by reason of any inaccuracy in stating the time, place or cause of the injury if it be shown that there was no intention to mislead and that the party entitled to notice was not in fact misled thereby.
Strana 333 - The master, in the case supposed, is not exempt from liability, because the servant has better means of providing for his safety, when he is employed in immediate connection with those from whose negligence he might suffer ; but because the implied contract of the master does not extend to indemnify the servant against the negligence of any one but himself ; and he is not liable in tort, as for the negligence of his servant, because the person suffering does not stand towards him in the relation...
Strana 164 - ... or varied by parol, it is well settled that the principal may show that the agent who made the contract in his own name was acting for him. This proof does not contradict the writing; it only explains the transaction.
Strana 383 - ... his behalf; but if from physical or mental incapacity it is impossible for the person injured to give the notice within the time provided in...

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