cover image: The Calcutta Law Journal  April 16  1914

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The Calcutta Law Journal April 16 1914

1914

The reasonableness of the defendant's conduct was thus in the eye of the law an open question depending on the circumstances and the inferences fairly to be drawn from them. [...] Unless the Court were prepared to go to this length it would be bound to say that if the breach of the ordinance did in fact cotribute to the injury as a cause the defendant is liable as a matter of law ; but this is treating it as " negligence per se " to use the ordinary phraseology and not merely " evidence of negligence." The doctrine that a breach of the law is "evidence of"Inn THE CALCU [...] This is the same result to which the foregoing argument leads in the case of the present ordinance and the situation is in all its essentials the same. [...] Since the plaintiff is not barred by the mere fact of his wrondoing but only by its effect in causing the injury it must be a question of its relation to the controversy between these parties ; and the same considerations which entitle the defendant to assert the immateriality of this conduct when urged against him as a ground of liability apply no less strongly in fivor of the plaintiff. [...] The first division deals with the nature of the various classes of the debentures the second with the rights and remedies of a holder of debentures while the third treats of debentures issued-by public companies and local authorities as distinguished from Trading Companies.
law
Pages
20
Published in
India
SARF Document ID
sarf.120108
Segment Pages Author Actions
The Calcutta Law Journal April 16 1914
67-86 Haraprasad Chatterjee view

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