Mining, Mineral and Geological Law
Columbia Law Review
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... out Early Journal Content at http://about.jstor.org/participate--jstor/individuals/early-journal--content. JSTOR is a digital library of academic journals, books, and primary source objects. JSTOR helps people discover, use, and build upon a wide range of content through a powerful research and teaching platform, and preserves this content for future generations. JSTOR is part of ITHAKA, a not--for--profit organization that also includes Ithaka S+R and Portico. For more information about JSTOR, please contact firstname.lastname@example.org. BOOK REVIEWS. BOOK REVIEWS. change was made largely because of the misleading character of the term "malice," as shown by Allen v. Flood [I898] A. C. I, and later cases. Under the head of "Deceit," much additional matter will be found resulting from the discussion incident to Derry v. Peek [x889] 14 A. C. 337, and the decisions which have applied its doctrine. Sir Frederick Pollock here repeats the view, which he expressed soon after Derry v. Peek was decided, that the decision is an unfortunate one; but he no longer contends that American judicial opinion accords with his own. In fact the doctrine of Derry v. Peek had been accepted by many of our courts and was generally considered the better view, before the House of Lords decided that case. Another topic upon which our courts have led and still lead those of Britain, is that of Unfair Competition. Sir Frederick tells us that this term "is little known as yet in English courts" (p. 313), and the topic is coupled with that of Slander of Title in his treatise while comparatively few English cases are referred to. Indeed the principles governing this topic are viewed by our author as still involved in much uncertainty; and, probably they are, in England. Such is not the case, however, in this country, where the topic has been a prolific source of litigation during the last decade. The subjects of conspiracy, and of tort liability for procuring breach of contract are discussed with much greater fulness in this edition, than in the first; and the latest English decisions are carefully digested and commented upon. However, notwithstanding the increased number of citations and the many changes in the text, this treatise has lost none of the fine literary quality which has secured for every preceding edition a warm welcome both from the practicing lawyer and from the non-professional student of legal topics. MINING, MINERAL AND GEOLOGICAL LAW. By CHARLES H. SHAMEL.