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Tort at International Law

Published online by Cambridge University Press:  04 May 2017

Jennings C. Wise
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Extract

It is not too much to say that the municipal law of every civilized state recognizes certain rights as belonging to every individual, including the right to property, the violation of which constitutes a tort. Municipal law also very generally recognizes certain duties as attached to every individual the breach of which, coupled with consequent damages to another, is a tort. Thus, a tort is sometimes defined as a private or civil wrong or injury, and sometimes as the breach of a legal duty.

Type
Research Article
Information
American Journal of International Law , Volume 17 , Issue 2 , April 1923 , pp. 245 - 251
Copyright
Copyright © American Society of International Law 1923

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References

1 Bl. Com., Ch. VIII, p. 123.

2 J See Cooley, Torts, 376; 2 Ex. (England) 167.

3 101 U. S. 341.

4 Lloyd's Prize Cases, 62 (1916).

5 See Robinson v. Harman, (England) Ex. 950; Griffin v. Colver, 16 N. Y. 489.

6 Sedgwick on Damages, Vol. I, Sec. 30, citing Baker v. Drake, 53 N. Y. 211, Am. Rep. 507.

7 Ibid., Vol. II, Sec. 247, and authorities cited, particularly Wallingford v. Kaiser, 84 N.J3. 295, 191 N. Y. 392.

8 See Second Report, U. S. Shipping Board, p. 51.

9 Diplomatic Correspondence between the United States and Belligerent Governments Relating to Neutral Rights and Commerce, Special Supplement to the American Journal of International Law Vol. 9, July, 1915.