Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Articles

Discipline
Institution
Keyword
Publication Year
Publication Type
File Type

Articles 11521 - 11521 of 11521

Full-Text Articles in Law

Of The Right To Waive A Tort And Sue In Assumpsit, Thomas M. Cooley Dec 1870

Of The Right To Waive A Tort And Sue In Assumpsit, Thomas M. Cooley

Articles

The distinctions between an action for a tort and one upon contract are such that where the one will lie the other generally will not; but there are nevertheless some cases in which either may be brought at the election of the party injured. Thus, it is sometimes the case, that, in a business relation, the law makes it the duty of a party to observe a certain course of conduct with regard to the rights of others, where by contract he has also undertaken for the same thing; and in such a case a breach of duty is coincident …