24 
Indiana University Studies 
A breach of quasi-contract is a violation of a private ante- 
cedent obligation in personam created by law, generally be- 
cause of some unjust enrichment. A breach of trust is a 
violation of a private antecedent obligation in personam cre- 
ated by law where one person holds the legal title to something 
in trust for another. A breach of a bailment obligation is a 
violation of a private antecedent obligation in personam cre- 
ated by law where there is a rightful possession of chattels by 
one not the owner. A breach of a public calling obligation is a 
violation of a private antecedent obligation in personam cre- 
ated by law where there is a business affected with a public 
interest, as in the case of a virtual monopoly. 
(a) Personal Safety. The right of personal safety is the 
right of a person to be exempt from injury and danger of 
injury to his person from another’s conduct. It is a private 
antecedent legal right in rem. The object of this right is the 
physical person. The conduct called for by this right is for- 
bearance from attempting to do hurt to a person within reach ; 
forbearance from hitting or touching a person intentionally, 
recklessly as in rudeness, or in the commission of a crime; 
forbearance from wounding or disabling a person by any dan- 
gerous substance or animal kept, or by the negligent condition 
of premises. All human beings have this right. It is an in- 
nate natural right, and is acquired at the moment of birth. 
All human beings owe this duty. A violation thereof is called 
a tort. The tort is the tort of assault if the injury to the 
person is only attempted, the tort of battery if it is actually 
inflicted, the tort of negligence if the injury results from the 
failure to exercise due care, and the tort of escape of danger- 
ous thing if the injury is caused by dangerous instrumentality. 
The right of personal safety terminates with death, and it 
may be partially waived or temporarily forfeited during life, 
but a person cannot completely renounce it in modern times. 
The above right and duty were the first known to the law. 
(b) Family Rights. The right to the society and control 
of family and dependents includes the marital, parental, 
tutelary, and dominical family rights. Marital rights are 
those incident to the status of marriage. Parental rights are 
those incident to the relation of parent and child. Tutelary 
rights are those incident to the relation of guardian and ward. 
Dominical rights are those which the head of the family has 
