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The Common Law
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The Common Law
Oliver Wendell Holmes
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Chapter 1 of 14

By Oliver Wendell Holmes, Jr.

By Oliver Wendell Holmes, Jr.





CONVENTIONS

Numbers in square brackets [245] refer to original page numbers. Original footnotes were numbered page-by-page, and are collected at the end of the text. In the text, numbers in slashes (e.g./1/) refer to original footnote numbers. In the footnote section, a number such as 245/1 refers to (original) page 245, footnote 1. The footnotes are mostly citations to old English law reporters and to commentaries by writers such as Ihering, Bracton and Blackstone. I cannot give a source for decrypting the notation. To find a footnote click on the page number just above the footnote i.e. [245].

There is quite a little Latin and some Greek in the original text. I have reproduced the Latin. The Greek text is omitted; its place is marked by the expression [Greek characters]. Italics and diacritical marks such as accents and cedillas are omitted and unmarked.

Lecture X has two subheads—Successions After Death and Successions Inter Vivos. Lecture XI is also titled Successions Inter Vivos. This conforms to the original.





CONTENTS


LECTURE I. — EARLY FORMS OF LIABILITY.

LECTURE II. — THE CRIMINAL LAW.

LECTURE III. — TORTS.—TRESPASS AND NEGLIGENCE.

LECTURE IV. — FRAUD, MALICE, AND INTENT.—THE THEORY OF TORTS.

LECTURE V. — THE BAILEE AT COMMON LAW.

LECTURE VI. — POSSESSION.

LECTURE VII. — CONTRACT.—I. HISTORY.

LECTURE VIII. — CONTRACT. II. ELEMENTS.

LECTURE IX. — CONTRACT.—III. VOID AND VOIDABLE.

LECTURE X. — SUCCESSIONS AFTER DEATH.

LECTURE X. — SUCCESSIONS INTER VIVOS

LECTURE XI. — SUCCESSIONS.—II. INTER VIVOS.

FOOTNOTES





Chapter 1 of 14
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