Notes from the casebooks

Torts: Development of Negligence as a tort Action…

“The development of negligence as a tort action was probably stimulated a good deal by the enormous increase of industrial machinery in general and by the invention of railways in particular. At the time railway trains were notable neither for speed nor for safety. They killed any object from a Minister of State to a wandering cow, and this naturally reacted upon the law.”

Contracts: It’s not like you’ll read the contract anyway…

“The mere use or even repeated use of forms implies nothing about the parties’ awareness of the their contents, the court asserted, because such forms aren’t read…”