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THE

LAW OF TORTS.

BY

J. F. CLERK,

OF THE INXER TEMPLE AND THE SOUTH-EASTERN CIRCUIT, BARRISTER-AT-LAW

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LONDON:
SWEET & MAXWELL, LIMITED, 3, CHANCERY LANE,

Law Publishers.
MEREDITH, RAY, & LITTLER, MANCHESTER;
HODGES, FIGGIS, & CO., LTD, AND E. PONSONBY, DUBLIN ;

THACKER, SPINK, & do., CALCUTTA ;
C.F. MAXWELL, MELBOURNE & SYDNEY.

1896.

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PREFACE TO THE SECOND EDITION.

Owing to the changes which in the course of the last seven years have been made in the various branches of the law with which this work is concerned, it has been found necessary in the present edition to rewrite and rearrange considerable portions of it. The object of the writers has been to produce something more than a mere agglomeration of head-notes. They have endeavoured to extract from the cases the principles which underlie them, and present those principles to the reader in a connected form. Where decisions have appeared to them questionable they have indicated their objections, and ventured to support those objections with reasons. They have endeavoured to reconcile the authorities where possible, and in cases of actual conflict have offered suggestions as to which of the conflicting authorities should be preferred. No case has been cited which has not been subjected to a careful independent examination. Certain portions of the former edition, which belonged perhaps rather to the law of property than to that of torts, have been omitted, as also has a considerable portion of the chapter on Misrepresentation, which has been rendered obsolete by the decision of the House of Lords in Derry v. Peek. In conse

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