The Green Bag

510

in genere and in specie: correspondent, permissive, protected and facultative rights; rights in rem and in personam: absolute and relative rights; joint, common and several duties and rights;

conditional duties and rights (unless the whole subject of conditions goes under juristic Acts); certain legal states resembling rights, i.e., capacities,

inchoate rights and possibilities (the name “jurality” might be used to include duties, rights and these states); perfect and imperfect duties and rights. The disposition of juralities (creation, transfer, modification and extinction);

meaning of assignment, conveyance, succession, universal succession; privity; dispositive facts; title, titulus and

modus acquirendi. 6. States of Mind.

Intention; pre

sumptions as to intention; carelessness, recklessness, bad faith, Willfulness; malice (the nature of malice as a state

of mind; duties not to act maliciously fall elsewhere); knowledge and notice, actual and constructive; presumptions as to knowledge. 7. Reasonableness and Negligence. The general test of reasonableness (the

‘

of looking and listening at a railroad crossing. 8. Possession. Actual; constructive; area of in case of land; presumptions

as to; seisin ‘and ouster. Adverse possession. The quasi possession of rights and incorporeal things. 9. juristic Acts. (Acts done to dispose a jurality.) In general; intent to dispose; validity; unilateral or multilateral; formal or formless.

Agreements (the word “agreement" denotes the genus, of which contract isaspecies); offer; acceptance; meeting of minds; pact; form; writing and the statute of frauds; deeds; consideration;

effect of fraud, duress, undue influence and illegality; everything that relates to agreements generally as distinguished from contracts.

Contracts (where the agreement takes the form of a promise and creates an

obligation);

everything

that

relates

to contracts generally as distinguished from other agreements and from par ticular kinds of contracts. Here should be discussed only the contract as a

juristic act; obligations created by con tracts fall elsewhere. Particular kinds of agreements and contracts, e.g., sale, gift, bailment, and

conduct or judgment of a reasonable and prudent man in the party's situa tion); special rules; whether a question of fact or law; presumptions as to. Negligence (i.e. what negligence is per se: duties not to act negligently fall

perhaps negotiable instruments, insur ance, etc.— but see below.

elsewhere;

meanings:

it is wrong to define negli

gence as a breach of duty, because the

duty itself must be defined as a duty not to act negligently, which would be defining in a circle; negligence is a

Delivery, tender, attornment.

10.

Fraud. (l)

I think fraud has three misrepresentation,

(2)

breach of trust, (3) entering into a juristic act with an intent to use it to injure another, e.g., a conveyance to defraud creditors. Duties not to com-_

precognoscendum for the definition of duties); due care; skill; degrees of care and negligence; negligence as a

mit fraud fall elsewhere.

question of fact or law; presumptions as to negligence. Special rules as to particular kinds of conduct being negli

for Another’s Conduct.

grounds for such responsibility: (1) causation, as where A's conduct is a

gent

consequence of B’s, (2) delegation, as

or not

as law, e.g., the rule

11. 12.

The Computation of Time. Responsibility of One Person There are four