THE COMMON LAW

THECOMMONLAWO liver Wendell Holmes, byPaulo J. S. Pereira&Diego M. BeltranUniversity of Toronto Law SchoolTypographical SocietySeptember43,4233 Paulo J. S. Pereira&Diego M. Beltran, MMXIThe text of this work is based on the3::3edition of OliverWendell Holmes, which is now in the public domain. The typog-raphy and formatting are licensed under theCreative send corrections and comments Forms of Liability74 The Criminal Law5:5 Torts. Trespass and Negligence936 Fraud, Malice, and Intent. The Theory of Torts3397 The Bailee at COMMON Law3688 Possession3:59 Contract. I. History43;:Contract. II. Elements478;Contract. III. Void and Voidable49432 Successions I. After Death II. Inter Vivos52233 Successions. II. Inter Vivos549 Index583prefaceThisis written in pursuance of a plan which I have long hadin mind. I had taken a first step in publishing a numberof articles in the American Law Review, but I should hardlyhave attempted the task of writing a connected treatise at thepresent time, had it not been for the intention to deliver a courseof Lectures at the Lowell Institute in Boston.

contents 3 Early Forms of Liability 7 4 The Criminal Law 5: 5 Torts.—Trespass and Negligence 93 6 Fraud, Malice, and Intent.—The Theory of Torts 339 7 The Bailee at Common Law 368 8 Possession 3:5 9 Contract.—I. History 43;: Contract. II. Elements 478; Contract.—III. Void and Voidable 494 32 Successions—I. After Death—II. Inter Vivos 522 33 Successions.—II.

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