consent induced by, 190 avoidance of voidable contract procured by, 221 agent accepting secret commission, primâ facie evidence of, 532 (Derry v. Peek), 539 misrepresentation must be one of fact, 523 misstatement of intention, 523–525 as between vendor and purchaser, 479, 525 of legal position, 526 express representation, construction of, 526 representation implied from conduct, 527 wilful incitement to commit crime, 527 of safety, implied in issue of chattels for use, 528 sale of dangerous chattel, 479, 528 diseased animals, 495, 528, 529 loan, or gift of, 329-330 doctrine of caveat emptor does not apply to consequential FRAUD-contd. action of deceit-contd. no representation implied, where means of knowledge of to found action of deceit there must be fraud, 28, 532--533 absence of belief in truth of, 533 meaning of term "reckless," 533-534 negligent misrepresentation is not enough, 534-535 Directors' Liability Act, 1890...524, note (e), 539 non-disclosure of contracts, &c., in prospectus, 540 defective memory affords excuse for misstating fact once where defendant acquires knowledge of untruth before where statement becomes untrue after it was made, representation must be intended to be acted on by plaintiff, need not be made to plaintiff directly, 541 reports of directors, 541-542 prospectuses, 523–524, 539–543 primâ facie addressed only to intending allottees, 544 may be intended to deceive purchasers on market, 544 there must be intention to deceive the plaintiff as an test of such intention is interest, 544 (Langridge v. Lery discussed.) motive of defendant immaterial, 532-533 plaintiff's conduct must have been influenced by the repre- need not have been solely influenced by it, 546 carelessness of plaintiff in not discovering untruth no misrepresentation as to credit of third persons, 62, 546— 547 fraud of agent, 61 Lord Tenterden's Act, 61-62, 546-547 signature by agent not sufficient to satisfy, 61–62, 547 misrepresentation may raise estoppel without, 537 "concealed fraud," question of limitation, 182-183, 326, 374 FRAUD-contd. on trade reputation, 714 use of trade-mark, 716, 720 on market, 28, 669–670 how far essential in action for infringement of trade-mark, 729-731 fraudulent trade-marks not protected, 726 fraudulent removal of goods to avoid distress, 291, 292, 316 distress by means of misrepresentation, 303 FRESH PURSUIT, arrest on, 207, 209, 771 distress on, 291, 318 FRUCTUS INDUSTRIALES are chattels even before severance, 337, note (c), 755 damage by, 380, 411-412, 437, 474. (See NUISANCE.) GOD, ACT OF. (See VIS MAJOR.) GOVERNMENT, tort to foreign subject ratified by, not actionable, 40–41 distress on, 298, 300, 301 impounding, 306 sale of, 310 time of, 311 tortious taking of, 359 execution on, 755, 767-768 GUEST, liability of host towards, 15, 89 at inn, must be traveller, 29 note (y) at inn, when he may bring trespass, 341 GUN, injury by, 8, 9 note (c), 15, 461, 462, 464, 528, 545 H. HABEAS CORPUS, 212, 215 note (i) НЕАТ, HEIR, against person out of jurisdiction, no power to order writ of, 737 nuisance by, 394 liability of, for nuisance, 421 HEIRLOOMS, 272 HIGH BAILIFF. (See COUNTY COURT.) HIGHWAY, repair ratione tenurœ, 35 coal-hole in, 106, 401-402, 443–444 things overhanging, 439, 462, 484, 496 no right of public meeting in, 347 excessively weighty traffic in, damage caused by, 347 and party abusing his right liable to owner of soil in trespass, 317- 348 non-injurious user of public field path, 785, 786 possession of soil of, 324-325 public bodies, 341-342 arrest of offenders against Highway Act, 204 right of passage over strips at side of roadway, 348 obstruction of, 25, 126, 161, 396, 397, 400, 482. (See NUISANCE.) non-repair of, 32—35, 401, 402, 403, 412 contribution by authorities to repair of, 36, note (9) indictment for, civil in its nature, 639 excavation adjoining, 398–443 barbed wire adjoining, 399 taking up periodically, injunction, 786 objects frightening horses in, 399 dedication of, subject to existing nuisance, 399 subject to right to obstruct in future, 399 presumption of, 324 dangerous character of, precluding, 400 misfeasance in management of, 32, 35, 36 abatement of nuisance to, 161–162 distress may not be taken on, 290 cattle straying from, trespass by, 11, 446 distress of, 320 HIRE PURCHASE AGREEMENT, 263 HISSING. (See CONSPIRACY.) 26, 27 when a slander, 555 note (4), 610 HOSPITAL for infectious diseases, nuisance, 388, 390, 409 HUNTING, 64, 345, 666 HUSBAND, may sue for loss of wife's service, 5, 227 defence of. (See SELF-PROTECTION.) action for enticing away and harbouring wife, 228 action for personal injuries to wife, 228 (See CRIMINAL CONVERSATION.) no publication between husband and wife of defamatory matter, 568 apology of wife no evidence against, when sued together for (See CONSORTIUM; MARRIED WOMAN.) when liable in trover for goods delivered under contract, 47 bailee, when liable for injury to goods bailed, 47-48 "workman," 99 procuring avoidance of contract of service by, 221 en ventre sa mère, injury to, 48 agreement by, to settle action, voidable, 48 period of limitation in case of, 177, 373 INFECTIOUS DISEASE, liability for communicating, 492-493 animals with, liability of owner, 444-445 |