The Law of Master and Servant: Including that of Trades Unions and CombinationsGeorge Routledge, 1873 - 184 pages |
From inside the book
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Page 12
... jury . The con- sequence is that , even if a servant is a necessary " to an infant , such servant may not be able to recover the wages which the infant has engaged to pay . If the point be disputed , it will be for a jury to award such ...
... jury . The con- sequence is that , even if a servant is a necessary " to an infant , such servant may not be able to recover the wages which the infant has engaged to pay . If the point be disputed , it will be for a jury to award such ...
Page 42
... jury . In very few cases can it be worth his while to incur the risk and annoyance of such a proceeding . In the absence of such an agreement as we have mentioned , it must be clearly understood that a master cannot take the law into ...
... jury . In very few cases can it be worth his while to incur the risk and annoyance of such a proceeding . In the absence of such an agreement as we have mentioned , it must be clearly understood that a master cannot take the law into ...
Page 44
... jury took the same view as the first with respect to the fact of the fraudulent misrepresentation having been made , they would accept the verdict of such jury , with the costs incident to the trial , as the measure of the damages which ...
... jury took the same view as the first with respect to the fact of the fraudulent misrepresentation having been made , they would accept the verdict of such jury , with the costs incident to the trial , as the measure of the damages which ...
Page 51
... jury , will most likely come to the conclusion that by his conduct he held himself out as the employer , and gave the doctor a right to look to him for payment . Of course , if the servant himself calls in the medical man in his own ...
... jury , will most likely come to the conclusion that by his conduct he held himself out as the employer , and gave the doctor a right to look to him for payment . Of course , if the servant himself calls in the medical man in his own ...
Page 62
... is almost certain that a jury or a county- court judge would imply a contract to pay wages when- ever they had before them evidence that one person , not a near relative , had at the request or with 62 LAW OF MASTER AND SERVANT .
... is almost certain that a jury or a county- court judge would imply a contract to pay wages when- ever they had before them evidence that one person , not a near relative , had at the request or with 62 LAW OF MASTER AND SERVANT .
Other editions - View all
The Law of Master and Servant: Including That of Trades Unions and ... William Andrews Holdsworth No preview available - 2014 |
The Law of Master and Servant: Including That of Trades Unions and Combinations William Andrews Holdsworth No preview available - 2018 |
Common terms and phrases
31 Vict agent agreement amount annul apply appointed apprentice apprenticeship authority behalf binding bound breach bring an action CHAPTER character circumstances City of London committed common law conduct contract of hiring contract of service council county court court of equity custom damages defendant discharge domestic servants duty employed employment engaged entered entitled exceeding expressly factory Factory Act Fcap fellow-servant give given held hiring and service husband imprisonment indenture indictment infant injury instance J. G. Wood John Heaton jurisdiction jury justices latter liable magistrate manufacture Master and Servant master or employer master or mistress ment misconduct months necessary negligence notice offence paid payment plaintiff punishable quarter sessions received recover refuse responsible restraint of trade ROUTLEDGE'S rule serve Song Book Songster statute Statute of Frauds sued summons term third person tion trade union unless vant wife writing wrongful dismissal yearly
Popular passages
Page 19 - ... unless the agreement, upon which such action shall be brought or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Page 50 - ... shall be guilty of a misdemeanour, and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding two years, with or without hard labour.
Page 154 - The appeal shall be made to some court of general or quarter sessions for the county or place in which the cause of appeal has arisen...
Page 47 - ... it seems reasonable to allow an option to the injured party, either to sue immediately or to wait till the time when the act was to be done, still holding it as prospectively binding for the exercise of his option, which may be advantageous to the innocent party and cannot be prejudicial to the wrongdoer.
Page 126 - ... chattel, money, or valuable security, for or in the name or on the account of his master, and shall fraudulently embezzle the same, or any part thereof, every such offender shall be deemed to have feloniously stolen the same from his master, although such chattel, money, or security was not received into the possession of such master otherwise than by the actual possession of his clerk, servant, or other person so employed...
Page 126 - ... or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement, and, if a male under the age of sixteen years, with or without whipping.
Page 57 - ... and perhaps it might be difficult beforehand to suggest any exact definition of them. It is necessary, however, in each particular case, to ascertain whether the servants are fellow labourers in the same work, because, although a servant may be taken to have engaged to encounter all risks which are incident to the service which he undertakes, yet he cannot be expected to anticipate those which may happen to him on occasions foreign to his employment. Where servants, therefore, are engaged in...
Page 159 - ... securities, books, papers, or other effects to the trade union, or to repay the amount of money applied improperly, and to pay, if the court...
Page 110 - The rule that parol evidence is not admissible to contradict or vary a written contract...
Page 152 - It shall be lawful for one or more persons, acting on their own behalf or on behalf of a trade union or of an individual employer or firm in contemplation or furtherance of a trade dispute, to attend at or near a house or place where a person resides or works or carries on business or happens to be, if they so attend merely for the purpose of peacefully obtaining or communicating information, or of peacefully persuading any person to work or abstain from working.