See Libel and Slander. ments libelous of third persons shall not be | PRIVILEGED OCCASION. 2. It is not contrary to public policy to recognize and enforce an implied agreement on the part of an agent that he will use reasonable care to keep secret confidential communications to him by his principal in a matter connected with his employment, even though such communications show the principal to have committed an actionable wrong against a third person. Weld-Blundell v. Stephens, 9: 368, [1919] 1 K. B. 520. Also Reported in 88 L. J. K. B. N. S. 689, 120 L. T. N. S. 494, [1919] W. N. 46, 35 Times L. R. 245, 63 Sol. Jo. 301. PROBABILITY. Probability may vary in degree from what amounts almost to absolute certainty to mere conjecture or surmise. Per Lord Atkinson in Innes v. Kynoch, 9: 478, [1919] A. C. 765, 779. Also Reported in 121 L. T. N. S. 39, [1919] W. N. 118, 35 Times L. R. 392, 63 Sol. Jo. 444, 12 B. W. C. C. 78. PROFITS. Right of corporation to pay dividends out of, without making good previous losses, see Corporations. PROXIMATE CAUSE. 1. Illness resulting from nervous shock may be the immediate consequence of a wrongful act and may give a cause of action. Janvier v. Sweeney, 9: 579, [1919] 2. The relation of cause and effect be tween the omission of ordinary and reasonable precautions to prevent loss and a loss incurred is not interrupted by the fact that a crime was necessary to bring about the loss. 3. A chartered accountant who, being employed by one who had lent money to a company, to look into its affairs, negligently left a letter of instructions containing libelous statements concerning former of-2 K. B. 316. ficers of the company at the company's office, where it was found and read by the manager, who communicated its contents to the two persons defamed, who thereupon sued and recovered damages for libel against the writer, who was found by the jury in such actions to have been actuated by express malice, cannot be required, though guilty of a breach of duty, to make good such damages, his principal not being entitled to be indemnified against the consequences of his own wrong. Weld-Blundell v. Stephens, 9: 368, [1919] 1 K. B. 520. Also Reported in 88 L. J. K. B. N. S. 689, 120 L. T. N. S. 494, [1919] W. N. 46, 35 Times L. R. 245, 63 Sol. Jo. 301. (Annotated) 4. An agent who is instructed by his employer, a private detective, to induce a maid servant to show him certain letters in the possession of an inmate of the house, to which he believed she had means of access, telling him that she will be remunerated for her services, and who endeavors to accomplish his purpose by false statements and threats, is acting within the scope of his employment so as to render his employer liable to the maid servant for the injury to her health resulting from nervous shock occasioned by such false statements. Janvier v. Sweeney, 9: 579, [1919] 2 K. B. 316. 5. The law as to the extent of an agent's authority cannot apply so as to exonerate one of two participants in an unlawful undertaking. Per Duke, L.J., in Janvier v. Sweeney, 9: 579, [1919] 2 K. B. 316. Per Lord Finlay, L.C., in London Joint Stock Bank v. Macmillan, 9: 720, Also Reported in [1918] A. C. 777, 794. 119 L. T. N. S. 387, 34 Times L. R. 509, 62 Sol. Jo. 650, 23 Com. Cas. 415, 53 L. Jo. 242. PUBLIC CORPORATION. Liability of, for negligence of servant, see Master and Servant. PUBLIC POLICY. Violation of, by rules of medical asso- 1. If A, fraudulently assuming the name of a person of credit and stability, buys, in person, and obtains delivery of, goods from B, the property in the goods passes to A, and he can therefore give a good title thereto to a third party who, acting bona fide and without notice, has given value therefor, unless in the meantime B has taken steps to disaffirm the contract with A. Phillips v. Brooks, 9: 517, [1919] 2 K. B. 243. Also Reported in 24 Com. Cas. 263, [1919] W. N. 139, 35 Times L. R. 470. (Annotated) 2. The sale of an article by one who has acquired possession under a hire-purchase agreement whereby the hirer had an option to purchase it by payment of a certain number of quarterly instalments, but was to remain a bailee only until the last of the instalments should be paid, the hirer having the right at any time to terminate the agreement by returning the article, is not ipso facto a repudiation of such agree ment leaving the hirer without any interest to convey, and the purchaser is therefore liable in an action of trover only for the amount of the instalments remaining unpaid. Whiteley v. Hilt, 9: 897, [1918] 2 K. B. 808. Also Reported in 87 L. J. K. B. N. S. 1058, 34 Times L. R. 592, 62 Sol. Jo. 717, 145 L. T. Jo. 275. (Annotated) 3. The considerations which determine the construction of a formal contract containing stipulations on both sides in which each party proposes to state in plain language what obligations he means to undertake differ materially from those which are applicable to informal agreements, such as one arising from the acceptance of a proposal to buy. Canada Cycle & Motor Co. v. Mehr, 9: 1051, 45 Ont. L. Rep. 576. 4. An informal contract in writing which, though signed by both parties, contains simply an agreement by one party "to take the accumulations of scrap" from the other for a certain period at prices specified, implies an undertaking by such other party to sell, and an action for damages will accordingly lie for a refusal to sell. Canada Cycle & Motor Co. v. Mehr, 9: 1051, 45 Ont. L. Rep. 576. (Annotated) 5. A contract for the sale of goods of more than 107. in value, evidenced in writing as required by § 4 of the Sale of Goods Act 1893, may be impliedly rescinded by a parol contract for the sale of goods, though unenforceable by reason of its noncompliance with the statute, where there is a clear intention to rescind as distinguished from an intention to vary. Morris v. Baron & Co. 9: 399, [1918] A. C. 1. Also Reported in 87 L. J. K. B. N. S. 145, 118 L. T. N. S. (Annotated) 34. SEQUESTRATION. 1. A writ of sequestration is a process of execution against the estate, and is resorted to by reason of the infirmity of the process of contempt, which is merely personal. The proceedings on a writ of sequestration are in rem, not in personam., Per Swinfen Eady, L.J., in Re Suarez, 9: 1021, [1918] 1 Ch. 176, 194. Also Reported in 87 L. J. Ch. N. S. 173, 118 L. T. Ñ. S. 279, 34 Times L. R. 127, 62 Sol, Jo. 158. " In corporations, see Corporations. Injury to passenger in street car from STREET. Liability of municipality relocating street for expense of relaying gas mains, see Gas. Liability of municipality for expense of lowering gas mains laid in street occasioned by construction of sewer, see Gas. Duty of street railway company to pas- STREET RAILWAYS. 2. Under Order XLII., rr. 4 and 24, the court has power to direct a sequestration to issue for noncompliance with an order for payment of money into court, notwithstanding that the order directing payment within a fixed time has not been served on the defendant pursuant to Order XLIII., r. 6, if the court is satisfied that the defendant knew of the order and is evading service of it. Re Suarez, 9: 1021, [1918] 1 Ch. 176. Also Reported in 87 L. J. Ch. N. S. 173, 118 L. T. N. S. 279, 34 SUBROGATION. Times L. R. 127, 62 Sol. Jo, 158. SHIPPING. Conditions on steamship ticket as part of contract of carriage, see Carriers. SICKNESS. Resulting from nervous shock as a consequence of a wrongful act, see Proximate Cause. SOLICITORS. See Attorney and Client. SPACE. Leaving of, in drawing check, so as to admit of alteration of amount, see Checks. STATUTE OF FRAUDS. STATUTES. 1. Fire Prevention (Metropolis) Ac 1774, § 86. Musgrove v. Pandelis, 9: 662 [1919] 2 K. B. 43. Also Reported in 120 As interruption of continuity of employment, see Workmen's Compen sation. A municipal corporation, the officers of which have, in pursuance of authority vested in them by statute, caused a building to be blown up to check the progress of a conflagration, and which have settled a claim for damages done to adjacent property by the explosion, and taken from the owner an assignment of her rights as igainst the insurer of the property, is not such a wrongdoer as not to be entitled to be subrogated to the rights of the insured. Guardian Assur. Co. v. Chicoutimi, 9: 175, 51 Can. S. C. 562. (Annotated) goods from reaching an enemy country is not a "loss connected with or arising out of" the trade or business, within the meaning of the provision of the Income Tax Act permitting a deduction of such losses from income in assessing the excess profits duty. To be within the section the loss must be something within commercial contemplation and in the nature of a commercial loss. Inland Revenue Comrs. v. Warnes & Co. 9: 597, [1919] 2 K. B. 444. THEFT. (Annotated) Liability of board of education for pupil's property stolen from cloakroom, see Schools. THREATS. Liability of employer of detective for TICKET. 2. The employment of illegal means for the purpose of injuring another's trade or calling is not excused by proof on the part of a defendant that his conduct was based on the intention to advance the trade interests either of himself or his colleagues. Pratt V. British Medical Asso. 9:982, [1919] 1 K. B. 244. Also Reported in 88 L. J. K. B. N. S. 628, 120 L. T. N. S. 41, 35 Times L. R. 14, 63 Sol. Jo. 84. 3. Physicians who have suffered pecuniary loss in the exercise of their profession in consequence of the conduct of members of a medical association incorporated for the purpose of maintaining "the honor and interests of the medical profession" in refusing to meet the plaintiffs in consultation or hold any professional relations with them, such scheme of ostracism being rendered effective by the threat similarly to treat any who should not comply with it, whether members of the association or not, may maintain an action for damages against the association and its members where no other reason for such treatment existed than that the plaintiffs have been Conditions on, as part of contract of employed as "contract doctors" by a discarriage, see Carriers. TIME. pensary association organized for the purpose of securing medical attendance for its members and their families, and that the For payment of interest, see Interest. defendants regard the existence of the dis TIPS. ages. TORTS. pensary association as detrimental to their pecuniary interests. Pratt v. British Medical Asso. 9: 982, [1919] 1 K. B. 244. Also Reported in 88 L. J. K. B. N. S. 628, 120 L. T. N. S. 41, 35 Times L. R. 14, 63 Sol. (Annotated) Jo. 84. TREES. Right of adjoining owner as to branches overhanging boundary, see Adjoining Owners. TRIAL. Liability of corporation for malicious interference with another in the 1. When a foreigner who is ignorant exercise of his calling, see Corpora-indictment for a criminal offense and is not of the English language is on trial on an tions. Right to recover punitive damages in see Proximate Cause. 1. False words and threats calculated to cause, uttered with the knowledge that they are likely to cause, and actually causing, terror, and from which physical injury to the person to whom they are uttered results in consequence of the nervous shock thereby occasioned, are actionable. Janvier v. Sweeney, 9: 579, [1919] 2 K. B. 316. (Annotated) defended by counsel, the evidence given at 2. There is no rule of law requiring the WEARING APPAREL. Validity of agreement between husband and wife that latter's wearing ap. parel shall be husband's property, as against execution creditors, see Contracts. (Annotated) 4. The words, "I don't want this money paid up," in the handwriting of and signed by a deceased person, written on the back of a letter serving as a wrapper for several IO U's given her by her stepdaughter and stepdaughter's husband for loans of money, are a valid testamentary bequest of the loans vouched by the I O U's, which were sufficiently identified with the word "this" by the circumstances in which they were found. Re Dunnett, 9: 73, 49 Scot. L. R. (Annotated) 452. 5. Testator gave his residuary real and personal estate to trustees upon trust, as to a share thereof, to pay to his wife out of the income "a clear annuity of 2,000/ during her widowhood," and in the event of her marrying again, then, during the remainder of her life, a clear reduced annuity of 1,000l. : Held, that the annuity was not given free of income tax. Re Loveless, 9: 559, [1918] 2 Ch. 7. Also Reported in 87 L. J. Ch. N. S. 461, 119 L. T. N. S. 24, 34 Times L. R. 356, 62 Sol. Jo. 470. Duty of husband to furnish wife with,| WITNESSES. see Husband and Wife. WILLS. Validity of bequest for charitable or public purposes, see Charities. 1. The punctuation of a will may be looked at for the purpose of determining its construction. Houston v. Burns, 9: 948, [1918] A. C. 337. Also Reported in 87 L. J. P. C. N. S. 99, 118 L. T. N. S. 462, 34 Times L. R. 219, [1917] S. C. 591, 55 Scot. L. R. 208. (Annotated) A woman charged with performing an illegal operation who, upon her examination in chief, had given evidence that she was a certificated midwife, and had carried on that business for fifteen years at her house, and used to delivery maternity cases there, may be asked upon cross-examination: "How long is it since a child was born at your house?" such question being relevant and admissible as tending to rebut the defense that the acts of the prisoner were not done to procure abortion. Graham, 9: 129, [1915] Vict. L. R. 402. R. v. |