This book delves into the intricate world of legal proceedings, offering a comprehensive guide to the principles governing parties involved in lawsuits. Set against the backdrop of 19th-century legal systems, the author meticulously examines the historical evolution of these principles, shedding light on the distinctions between actions based on contracts and those arising from wrongful acts. The author skillfully dissects the complexities of legal actions, exploring scenarios where individuals can sue or be sued, including considerations for factors like age, nationality, and even criminal history. The reader is guided through the nuances of joint contracts and shared liabilities, understanding when individuals must act collectively and when they possess independent legal recourse. Beyond procedural rules, the book delves into the philosophical underpinnings of the law, revealing how principles of justice and fairness shape the selection of plaintiffs and defendants. The author contemplates the potential impact of merging common law and equity, a significant legal reform under consideration during that era. Ultimately, this book serves as an invaluable resource for both legal practitioners and those seeking to comprehend the fundamental principles that govern participation in legal actions. By illuminating the historical context and theoretical foundations of these rules, the author empowers readers with a deeper understanding of the legal system and its impact on individual rights and responsibilities.
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Excerpt from A Treatise on the Rules for the Selection of the Parties to an Action
Justice Lush, have, it is scarcely necessary to say, gently facilitated the production of this work, but have, it is hoped, not necessarily rendered it either useless or superfluous; inasmuch as all of these dis tinguished authors aimed rather at stating the law of parties than at reducing it to a systematic form whilst both Mr. Chitty and Mr. Justice Lush were compelled from the scheme of their works to treat this branch of the law as merely subsidiary to the law of practice, and were therefore precluded from its full and systematic treatment.
The practical advantage of the arrangement pur sued in this treatise is, that it enables the reader to see at a glance what the rule of law is; whilst it frees him from the necessity of collecting the principle for which he is in search from the decisions or statutes in which it is embodied; and that it further puts it in his power to refer with great readiness to the part of the subject on which he may desire to be informed. An advantage of a more speculative nature is that this arrangement exhibits the law of parties as a whole, and by showing the relations between its different parts, makes, it is hoped, apparent the fact that this somewhat complicated and intricate branch of the law, depends upon and is the expression of a few simple principles.
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This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Excerpt from A Treatise on the Rules for the Selection of the Parties to an Action
The aim of this treatise is to reduce or digest the law of parties into a series of rules, each of which is illustrated and explained by appropriate cases and examples, and confirmed, wherever this is possible, by quotations from judgments, or from the pages of writers of acknowledged reputation. In the explanatory portions of the text will be found, it is hoped, all the most important decisions or enactments bearing on each point under consideration; so that any person who wishes not only for a rule but also for an account of the cases or statutes on which it rests, may obtain the information which he requires; and care has been taken to employ, even at the cost of some circumlocution or occasional awkwardness of expression, the ipsissima verba either of Judges or of eminent writers, so that the statements made may carry a weight which cannot attach to a summary of the law given in the words of an unknown author.
About the Publisher
Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com
This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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Paperback. Condición: New. Print on Demand. This book delves into the intricate world of legal proceedings, offering a comprehensive guide to the principles governing parties involved in lawsuits. Set against the backdrop of 19th-century legal systems, the author meticulously examines the historical evolution of these principles, shedding light on the distinctions between actions based on contracts and those arising from wrongful acts. The author skillfully dissects the complexities of legal actions, exploring scenarios where individuals can sue or be sued, including considerations for factors like age, nationality, and even criminal history. The reader is guided through the nuances of joint contracts and shared liabilities, understanding when individuals must act collectively and when they possess independent legal recourse. Beyond procedural rules, the book delves into the philosophical underpinnings of the law, revealing how principles of justice and fairness shape the selection of plaintiffs and defendants. The author contemplates the potential impact of merging common law and equity, a significant legal reform under consideration during that era. Ultimately, this book serves as an invaluable resource for both legal practitioners and those seeking to comprehend the fundamental principles that govern participation in legal actions. By illuminating the historical context and theoretical foundations of these rules, the author empowers readers with a deeper understanding of the legal system and its impact on individual rights and responsibilities. This book is a reproduction of an important historical work, digitally reconstructed using state-of-the-art technology to preserve the original format. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in the book. print-on-demand item. Nº de ref. del artículo: 9781330646267_0
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