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BOOK III: THE EXCUSE ELEMENT
§ 210. Analysis of the Excuse Element
TITLE A: EXCUSES BASED ON THE PLAINTIFF'S OWN
CONDUCT OR CONDITION
§ 211. Classification of these Excuses
876
877
SUB-TITLE (I): PLAINTIFF'S OWN AGGRESSION ON DEFEND-
ANT (DEFENDANT'S SELF-DEFENCE)
SUB-TITLE (II); PLAINTIFF'S CONSENT TO HARM
SUB-TITLE (III): PLAINTIFF'S CONTRIBUTORY FAULT
§ 237. General Principle
881
Topic 2. Judge and Jury; Specific Applications of the Rule
Topic 3. Sundry Incidents and Limitations of the Common-Law Rule
§ 242. Third Person's Fault Imputed to Plaintiff: (1) Child .
882
§ 248.
§ 249.
Defendant's Option not to Avoid the Harm ("Last Clear Chance")
Plaintiff's Prior Option not to Avoid the Harm (Avoidable Dam-
age; Assumption of Risk); General Principle
883
SUB-TITLE (IV): PLAINTIFF A LAW-BREAKER
§ 252. General Principle
885
SUB-TITLE (V): APPLICATION OF THE FOREGOING PRINCIPLES
(III) AND (IV) TO PERSONS INJURED WHILE ON THE DE-
FENDANT'S PREMISES
SUB-TITLE (VI): PLAINTIFF A PERSON REQUIRING DISCIPLINE
OR CORRECTION
TITLE B: EXCUSES BASED ON PARAMOUNT COMMUNITY IN-
TERESTS, NECESSITATING THE PLAINTIFF'S INDIVID-
UAL SACRIFICE
SUB-TITLE (I): POLICIES SEEKING JUSTIFICATION IN THE NE-
CESSITIES FOR PROTECTION AGAINST NATURAL CALAMI-
TIES
SUB-TITLE: (II) POLICIES SEEKING JUSTIFICATION IN THE
NECESSITIES FOR CONSTRUCTION AND OPERATION OF
DWELLINGS, FACTORIES, FARMS, AND OTHER ECONOMIC
IMPROVEMENTS
§ 268. General Principle
§ 269. Nuisance.
§ 270. Same: Special Damage
$271. Land-Damage by Flowage
888
889
S89
§ 272. Damage to Affluent Elements (Water, Oil, Air, Electricity, Light) 889
SUB-TITLE (III): POLICIES SEEKING JUSTIFICATION IN THE
NECESSITIES FOR FREE SOCIAL RIVALRIES, INCLUDING
THE PURSUIT OF A LIVELIHOOD
SUB-TITLE (IV): POLICIES SEEKING JUSTIFICATION IN THE
SUB-TITLE (V): POLICIES SEEKING JUSTIFICATION IN THE
§ 297. Same: (b) Indefinite Interest
894
§ 296. Protection of Public Interest: (a) Definite Interest
§§ 298, 299. Same: (c), (d) Anomalous Rules
895
SUB-TITLE (VI): POLICIES SEEKING JUSTIFICATION IN THE
NECESSITIES FOR FREE RESORT TO COURTS FOR THE VIN-
DICATION OF RIGHTS
Topic 1. Arrest, Attachment, etc., as the Damage
§ 305.
No Legal Process resorted to; (1) Distraint of Property.
897
§§ 306-8. Same: (2) Arrest of Person
§ 309.
Legal Process resorted to; (1) Process Obtained without Just Cause
(Malicious Prosecution)
§ 314.
Legal Process Resorted to; (2) Process Obtained with Just Cause,
but Wrongfully Used
898
§ 315.
Same: Modes of Abuse
899
§ 316.
Legal Process Resorted to; (3) Process Obtained contrary to Lawful
Procedure
§ 317. Same: Void, Irregular, and Erroneous Process
Topic 2. Defamation Only as the Damage
§§ 318-19. Defamation before Litigation
§ 320. Defamation during Litigation.
900
SUB-TITLE (VII): POLICIES SEEKING JUSTIFICATION IN THE
NECESSITIES FOR INDEPENDENCE AND
OFFICERS ADMINISTERING JUSTICE
§ 326. Error in Issuing Unlawful Process Preliminary to Jurisdiction. . 901
SUB-TOPIC A. ARREST OR ATTACHMENT UNDER A JUDICIAL WARRANT
§ 327. General Rule
.
901
§ 328. Action under a Warrant Void or Voidable; (1) from a Judge Having
Jurisdiction. .
§ 329.
Same: (2) from a Judge Lacking Jurisdiction
§ 330.
Same: (3) Warrant Issued for Unlawful Preliminary Process
SUB-TOPIC C. DETENTION, AFTER ARREST, WITHOUT INSTITUTING JUDICIAL
SUB-TITLE (VIII): POLICIES SEEKING JUSTIFICATION IN THE
NECESSITIES FOR INDEPENDENCE AND EFFICIENCY OF
PUBLIC OFFICERS IN GENERAL
§ 350. General Principle
§ 351. Executive and Administrative Officers in General
§ 352. Military Officers
§ 353. Legislative Officers
SUB-TITLE (IX): POLICIES SEEKING JUSTIFICATION IN
NECESSITIES DECLARED BY FIAT OF LEGISLATURE
905
906