Commentaries on the Law of Bailments: With Illustrations from the Civil and Foreign Law

Joseph Story

C. C. Little and J. Brown, 1846 - 648 sider

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ON BAILMENTS IN GENERAL 1 Importance of the Law of Bailments	1

Definition of Bailments	2

Division of Bailments into three sorts	3

Deposit definition	4

Mandate definition	5

Gratuitous Loan for use definition	6

Pledge or Pawn definition	7

Hiring definition of and various sorts	8

Extent of the Security	301

Pawn Contract of between what persons	302

Rights of PawneeSpecial Property	303

Whether Pawn may be retained for other Debts	304

Rule of the Civil Law on this subject	305

Expenses of Pawn 306 a The same subject	306

Special Property	307

The same subject	309

Obligations of Bailee in different sorts of Bailments Difference of Legal and Moral Obligation	9

The same subject	10

Diligence three different degrees of Ordinary Diligence what	11

Standard of Diligence variable	12

And different in different Countries and Ages	13

Diligence affected by Customs and Usage of Trade and Business	14

And by Nature Bulk and Value of Articles	15

High or Great Diligence what is Low or Slight Diligence what	16

Degrees of Negligence Slight Ordinary and Gross	17

The like degrees in the Civil	18

Gross Negligence whether equivalent to Fraud	19

The same subject 20 a The same subject 20 b The same subject	20

The same subject	21

The same subject	22

Degree of Diligence required in different sorts of Bailments at the Common	23

And in the Civil	24

Bailees not generally liable for inevitable accident	25

Robbery how far deemed Irresistible Force	26

Theft how far deemed Irresistible Force	27

Burglary how far Irresistible Force	28

Other cases of Casualties at the Common	29

And in the Civil	30

Exception in cases of Special Contract	31

Bailee cannot contract against his own Fraud	32

Responsibility of Bailee may be enlarged by Special Contract	33

So by the Civil	34

Effect of Special Contract to keep safely whether Bailee is liable for Robbery or Theft	35

Or in such case liable for Accidents	36

How far such a Bailee is liable by the Civil	37

Private Theft whether Presumptive of Fraud at the Common	38

The same subject	39

Confusion of Property by Bailee	40

Definition of Deposits	41

The same subject	42

From what the word is derived	43

Division of Deposits into Voluntary and Necessary 44 a Involuntary Deposits what	44

Another Division into Simple Deposits and Sequestrations	45

How far these Divisions are recognised at the Common	46

Difference between Deposit and Mutuum	47

Principles of the Contract arising from Natural	48

Divisions of the subject	49

By and between what persons the contract of Deposit may	50

What may be the Subjectmatter of a Deposit	51

What title Depositor must possess Secondary Bailments	52

Effect of Return of Deposit to owner	53

How and when an Accessorial thing passes with a Deposit	54

What is of the Essence of the Contract of Deposit Delivery of the thing	55

The same subject	56

The same subject	57

The same subject The Contract must be voluntary and not	59

The same subject Examples	60

Obligations of DepositariesTo keep with care and to restore on request	61

What is Keeping with reasonable CareWhat degree of Diligence required of Depositary	62

Whether sufficient for the Depositary to keep as he keeps his own goods	63

The same subject 64 a The same subject	64

The same subject Rules in the Civil Law 65 a The same subject	65

The same subject Rules in the Common	66

The same subject	67

Lord Cokes Doctrine on the same subject	68

Southcotes Case statement	69

The same subject	70

The same subject	71

An undertaking to keep not equivalent to undertaking to keep safely	72

Effect of undertaking to keep Deposit as bailee keeps his own goods He is not liable for theft	73

Effect of undertaking to keep goods in a particular place	74

Effect of Concealment of Contents of Deposit	75

The same subject	76

Bonions Case 77 The same subject 78 The same subject General principle of the common	78

Presumption of due Diligence if Bailee keeps the Deposit as he keeps his own goods	79

Exceptions as to the general rule of Diligence 1 Special Contract 2 Officious Offer of Services	80

Whether an Officious Offer by Depositary changes the rule as to the Diligence required of	81

The same subject	82

Rule as to Diligence in cases of Necessary Deposits 83 a Involuntary Deposit Rights of Bailor and Bailee	83

Irregular Deposits what	84

Quasi Deposits by finding goods Responsibility of Finder 85 a Whether Finder is responsible for Gross Negligence	85

The same subject	86

The same subject	87

Bank Deposits General and Special Embezzlement by Officers	88

The Right of the Owner to maintain an Action against a Stranger	94

Sale of Deposit by Depositary effect	100

To whom restitution should be where Deposit has been made by	106

The same subject	112

Restitution in cases of Joint Deposits Remedy of Depositary in such a case if One Joint Depositor seizes the Deposits	114

The Civil Law in cases of Joint Deposits	115

Responsibility of Joint Depositaries	116

Restitution of Deposit in what place	117

The same subject	118

Restitution whether demandable before expiration of time of Deposit	119

Restitution what will excuse the Depositary or entitle him to Time to make Return Recovery by Title Paramount	120

Expenses of Depositary to be reimbursed whether he has a lien for 121 a Involuntary DepositsExpenses	121

Effect of unjustifiable Refusal to restore the Deposit Future Re sponsibility of Depositary	122

When Interest or Damages payable on account of Detention	123

Deposits of Goods attached on Process	124

Rights of the Attaching Officer in cases of Deposits on Attachments	125

When the Attaching Officer may demand the Deposit attached Ef fect of Judgment and Subsequent Attachment	126

The Attaching Officer may retake the goods attached from the pos session of the Debtor	127

Responsibility of the Attaching Officer to the Debtor	128

Rights of the Creditor in such cases of Attachment and Deposit	129

The Duties of the Attaching Officer what degree of Negligence will make liable	130

Who is to indemnify the Attaching Officer for his expenses in keep ing the Goods attached	131

The Rights and Duties of the Attaching Officers Bailee	132

Whether the Bailee has a Special Property in the Goods attached	133

Notice of the French Law in cases of Attachments and Sequestra tions	134

Effect of Attachment as to the Rights of the Owner of the Goods	135

Conclusion of the head of Deposits	136

What Agencies are deemed Mandates in the Civil	142

Nature and Character of the Contract of Mandate	143

What is of the Essence of a Mandate	144

The matter of the contract	145

Certainty in regard to the object of the Mandate	146

The Act must be for the Benefit of the Mandator by Another as his Agent	147

It must be capable of being done	148

It must not concern the Interest of the Mandatary alone Joint In terest	149

The Mandatary has not a Special Property in the thing	150

How far the Act must be for the Benefit of the Mandator or a Third Person	151

Right of Mandatary to maintain an Action for a Wrong to the thing	152

The Contract must be gratuitous Difference between Counsel and Attorney	153

CHAPTER III	154

The Contract must be voluntary without mistake or fraud Distinc tion between Language of Advice and a Representation	155

Rules of the Common Law on this subject	156

The same subject	157

The Contract must not be illegal or against sound morals	158

Cases of Breach of Trust by Trustees and Guardians How Man dates affected	159

No particular form or ceremony to create a Mandate	160

The Contract of Mandate may be absolute or conditional temporary or permanent	161

Parties between whom the Contract may be made	162

Obligations of the Mandatary	163

Whether the Mandatary is legally bound to perform the act by the Civil	164

Whether he is so bound by the Common	165

The same subject	166

Reasons for the Common Law distinction between cases of Nonfea sance and Misfeasance	167

The same subject	168

The same subject	169

The same subject	170

The same subject 171 a Application of the Distinction 171 b The same subject 171 c The same subject 171 d The same subject	171

Cases of negligent execution of Mandate governed by the same rule	172

The same subject	178

How the Contract of Mandate is dissolved 1 By Act of the Party	202

Death of Mandator when it dissolves the contract	203

Effect of Death in case of part execution	204

Difference of Civil and Common Law on this subject	205

When Contract dissolved by Change of state of the Parties as Mar riage Insanity	206

Revocation of Mandate by operation of	207

Revocation by the act of Mandator by the Civil Law when good	208

Revocation by the act of the Mandator by the Common Law when good	209

Countermand of Delivery to a Third Person when good	210

Bankruptcy of the Mandator a revocation by operation of	211

Burden of Proof on whom it lies in cases of Loss or Injury of Mandate	212

The same subject	213

An anomalous case of Negotiorum Gestor	214

Exceptions from the general rule as to Diligence	215

Case of Mutuality of InterestDegree of Diligence required	216

Case of a Slave running away	217

Conclusion of the head of Mandates	218

Gratuitous Loans definition	219

The same subject	220

No English word exactly expresses the meaning of Commodatum	221

The use of the word Loan in this Treatise	222

What is of the essence of a Gratuitous LoanIt must be Personal Property	223

It must be absolutely gratuitous	224

It must be for the use of the Borrower	225

Joint use of Lender and Borrower effect	226

Contract may be limited or conditional and during pleasure	227

The thing loaned to be returned Case of Mutuum	228

Between what persons the contract may be made	229

Whether the Lender need to be the absolute Proprietor	230

The Rights of the Borrower Use	231

Limitation of Right to	232

Illustration of the doctrine	233

When the Loan is personal	234

The same subject	235

The Obligations of the Borrower	236

Degree of Diligence required of the Borrower	237

The same subject	238

Degree of Diligence how varied Theft when Borrower responsi ble	239

Borrower not liable for accidents	240

Except when he is in default	241

Loss by Robbery when Borrower is responsible	242

Effect of Fraud and fraudulent Concealment	243

Losses by Accident in case of Ordinary or Extraordinary	244

In case of Fire whether Borrower may save his own Goods in pref erence	245

The same subject	246

The doctrine of Sir William Jones and Pothier doubted and discussed	247

The same subject	248

The same subject 249 a The same subject 249 b The same subject	249

The same subject	250

The same subject	251

Exceptions to the general rule of Diligence	252

Effect of Valuation of the Loan 253 a The same subject 253 b Diligence in case of a Precarium 253 c Diligence what is required by the Scottish	253

The Use to be made by the Borrower	254

The same subject	255

Expenses of Borrower by whom to be borne	256

The Restitution of the Loan how and when Rules of the Civil	257

Rules of the Common Law Of Revocation of Loan	258

Effect of Delay in Restitution	259

Accessorial things to be delivered back	260

Place of Restitution	261

To whom Restitution is to be made	262

Special Excuses for nonreturn	263

Borrower cannot detain for prior Debt	264

To whom Restitution is to be made	265

In case of Title by a Stranger	266

In case of Joint Loan	267

Condition in which the thing is to be returned	268

How far receiving the thing back affects Damages Right of action for Injuries	269

Obligations of the Lender	270

As to the Use of the thing How far Bailment revocable	271

Disturbance in use by a Stranger	272

Reimbursement of Expenses by Lender by the Civil	273

By the Common	274

Concealment of Defects by the Lender	275

Restitution of thing after paid for by Borrower	276

Revocation of Loan by act of the Party	277

Burthen of Proof on whom in case of Loss or Injury	278

Borrower has no Special Property in the Loan	279

But he has a Right of Action in certain cases	280

Comment on certain Positions in Rich v Aldred 6 Mod R 216	282

Comment on a case of Muluum 19 Johns R 44	284

Conclusion of the head of Gratuitous Loans	285

Definition of a Pawn or Pledge 287 Distinction between a Pawn and a Mortgage	287

Hypothecation without Possession in what cases	288

The Essence of the Contract of Pawn or Pledge	289

It must be of Personal Property	290

How far the Pawner need be owner of the Pledge	291

Increase of Pledge whether subject to the Contract	292

What may not be pawned by the Civil and Common	293

Whether any Future Interest the proper subject of a Pawn	294

Limited Title of Pawnee	295

Pawn of Negotiable Instruments	296

Delivery of the Pawn Necessity of at Common	297

How far necessary by Civil and Foreign	298

Effect of Redelivery	299

For what Debts and Engagements a Pawn may be Security	300

The same subject	310

Distinction between Pawns and Liens in regard to Sale	311

Rights of Creditors on Proceeds of Sale	312

The same subject	313

Sale of Pawns when composed of Different Articles	314

Right of Pawnee to sue personally for the Debt	315

Whether Pawnee can be compelled to such Suit by the Civil	316

Effect of Stipulation prohibiting Sale	317

Right of Pawnee confined to Sale	318

Sale must be bona fide	319

Whether a Pawnee is compelled to sell	320

Negotiable Securities in Pawn how disposed ofCompromise with Debtor	321

Transfer of Pawn by Pawnee	322

Transfer of Negotiable Securities	323

Transfer by Pawnee in Pledge	324

Common Law Doctrine of Pledge by Factors in England	325

In America	326

Pledge by the Pawnee when good by the Common	327

When by the Civil	328

Use of the Pawn by Pawnee	329

The same subject	330

Use by the Civil	331

Duties of the PawneeDiligence what Degree required	332

Whether Theft is presumptive evidence of Fraud	333

The same subject	334

The same subject	335

The same subject	336

The same subject	337

The same subject	338

Duty of Pawnee to return Pawn Onus Proble	339

When Pawn may be delivered to original Om Pawner	340

Effect of Refusal to return the Pawn	341

Liability of Pawnee for Acts of Omission	342

Pawnee how and when to render an	343

Weld	344

345	345

3r edeati	346

Time to redeem when not fixed by the Parties	348

Effect of Sale before Offer of Redemption	349

Sale and Transfer by Pawner	350

Damage to Pawn	351

Pawnee has a Special Property Action for Damage by a Stranger	352

Pawns not seizable on Execution	353

Duties of Pawner Warranty of Title	354

Concealment of Defects of Pawn	355

Fraud by Pawner	356

Reimbursement of Expenses of Pawn	357

The same subject	358

Extinguishment of the Contract of Pawn	359

The same subject	360

The same subject Higher Security	361

The same subject Bar by Lapse of Time	362

The same subject Pawn perishing by Accident	363

The same subject Release	364

Common Law on this subject	365

Local Law of Massachusetts respecting Attachments by Pawner	366

Conclusion of the subject of Pawns CHAPTER VI	367

Contract of Hire LocatioConductio Definition	368

Parties Denomination of in Common Civil and Foreign	369

Division of Contract of Hire into four kinds 370 a Cases of regular Hire and irregular Hire what	370

Nature of the Contract	371

Essence of the Contract	372

The same subject What may be let 373 a The same subject Use by the Hirer	373

The same subject Price	374

The same subject	375

The same subject	376

The same subject Pecuniary Recompense	377

Obligations of the Contract of Hire	378

Illegal Contracts what	379

Between what Parties the Contract may	380

a The same subject What excuses nondelivery	384

Obstruction to	385

Sale by the Letter	386

Warranty of Title	387

Repair of thing hired	388

Extraordinary Expenses	389

Warranty against Defects 390 a The same subject	390

Concealment of Defects 391 a The same subject 391 b The price of thing hired how ascertained 391 c Who is to pay extraordinary expenses incurred	391

The Common Law on this subject	392

Hirer to maintain Animals hired	393

Rights and Duties of Hirer	394

Right of User	395

Tortious User	396

Duty of Diligence	397

What Degree of Diligence required of Hirer by the Civil	398

What by the Common	399

Hirer responsible for Negligence of his Servants	400

The rule of the Civil Law more	401

Hirer not responsible for wilful Acts of his Servants	402

Nor for Acts of Servants not in his Employ 403 a Who are to be deemed the Employers in cases of Coaches hired	403

In what cases the Servants also are responsible	404

Duty of Hirer in respect to Animals hired	405

Whether Theft is presumptive of Negligence	406

Theft by Servants	407

Hirer not responsible for Losses not occasioned by Negligence	408

Distinction between Cause and Occasion of Loss	409

Burthen of Proof in cases of Hire of things	410

By the Civil and Foreign	411

Losses by Robbery	412

Duty of Hirer in the Use of the thing hired	413

The same subject	419

Obligations and Duties of the Employer	425

In what Cases the Workman is responsible for skill as well as Care	431

Loss by Casualty or Superior Force	437

Loss when to be borne by workman	438

Distinction between Mutuum and Hire of Things	439

Farther Duties of Workman	440

Effect of Part Fulfilment only of Contract 441 a The same subject 441 b The same subject 441 c The same subject 441 d The same subject	441

Hire of Custody Nature	442

ASISTERS of Cattle Rights and Responsibility	443

WAREHOUSEMEN Rights and Responsibility	444

When the Responsibility of WarehouseMen begins and ends	445

Cases where a person is a WarehouseMan and Carrier	446

The same subject	447

The same subject Delivery to keep the thing Custody must be gratuitous Delivery must be to a third person	448

The same subject	449

Effect of Misdelivery	450

WHARFINGERS Rights and Responsibility	451

The same subject	452

When Responsibility of begins and ends	453

Onus Probandi on whom in cases of Hire of Custody	454

FACTORS AND BAILIFFS Rights and Responsibility	455

The same subject	456

Contract of Carriage of Goods general Nature	457

The Civil Law as to Carriers and others	458

The Common Law differs from the Civil	459

Enumeration of Excepted Cases from the Common Doctrine as to Hire	460

Origin of PostOffice Establishment	461

PostmasterGeneral how far responsible	462

DeputyPostmasters how far responsible	463

Reasons for the peculiar Liability of Innkeepers in the Civil	464

Extent of their Responsibility by the Civil	465

Innkeepers responsible for their Servants 466 a The same subject	466

The modern Jurisprudence of Continental Europe the same	467

Results of the Civil Law Doctrine on this subject 468 a The Responsibility of Innkeepers at Common Law for Theft 468 b The modern Doctrine in Fr...	468

The Common Law derived from the Civil	469

What the Common Law is as to Innkeepers	470

Responsibility of Innkeepers generally	471

Innkeepers not responsible to the same Extent as Common Carriers	472

Robbery by the Servants of the Guest	473

General Divisions of the Rights and Duties of Innkeepers	474

Who are deemed Innkeepers	475

Rights and Duties of Innkeepers 476 a Liens of Innkeepers	476

Who are deemed Guests	477

Liability of Innkeepers	478

The same subject What a sufficient Delivery of Goods	479

The same subject	480

Liability for Deeds Bonds and Obligations lost	481

What will excuse an Innkeeper	482

The same subject Exclusive Possession by Guest	483

Effect of Choice of Place of Deposit by Guest	484

Statute Regulations in America respecting Inns 486 Case of a Gratuitous Guest	486

When Innkeeper is liable only as a Common Bailee	487

Liability of Common Carriers by the Civil	488

Liability by the Common Law	489

Reasons for Extraordinary Liability	490

The same subject 491 a Exceptions to the rule	491

General Liability of Carriers	492

Rule relaxed in England	493

Divisions of the subject	494

Who are Common Carriers	495

Common carriers 1 by Land 2 by Water	496

a Decision considered 497 Carriers by Water 498 Stage Proprietors whether Common Carriers	498

The same subject	499

The same subject	500

Ship Owners when deemed Common Carriers	501

Forwarding Merchants not Common Carriers	502

Nor Wharfingers	503

Case of Dale v Hall considered	504

Specific Price of Hire not material	505

Joint Carriers Liability	506

Carriers liable for the Acts of their Servants 507 a Carriers liable for Torts of Strangers	507

Duties and Obligations of Common Carriers	508

The same subject	509

Risks of Carriers at Common	510

What are Losses by Act of	511

What are Perils of the Sea 512 a The same subject	512

Destruction by Rats	513

Collision of Ships at	514

Proximate not Remote Cause of Loss looked	515

Losses by Perils of the Sea when Carriers liable	516

Illustrative Case	517

Comments on the same Case	518

Case of Injury by Steam Gross negligence 519 a Loss by fraud at	519

520 Case of Loss by Striking on the Bottom whether a Peril of the	520

Loss by Press of Sail when a Peril of the	521

Loss by Impressment of Seamen	522

Loss by sudden Failure of Wind	523

Seaworthiness of Vessel what sufficient	524

Jettison a Peril of the	525

What are Losses by Kings Enemies	526

In what cases Carriers are Liable though free from Negligence	528

Onus Probandi on whom	529

In respect to Property carried	530

Goods thrown overboard 531 Illustrative Case considered 532 Commencement of the Risk of Common Carriers	532

Jettison by Compulsion of an Enemy	533

Usage of Masters and Owners of Ships as Carriers	534

Case where the Carrier is also a WarehouseMan or Innkeeper	535

The same subject	536

Case where the Carrier is also a Forwarding Merchant 538 Termination of the Risk of Common Carriers	537

The same subject	539

The same subject	540

The same subject	541

The same subject	542

Whether the Carrier is bound to make a Personal Delivery of Goods to the Owner	543

Illustrative Case	544

American Decisions in respect to Goods transported Coastwise 545 a At what time goods to be delivered 545 b To whom delivery to be made	545

Bound to provide Suitable Vehicles	547

Case where a person is at once a Carrier of Goods and an Agent or Factor for the sale of them	550

Case of Kemp v Coughtry 11 Johns R 107	553

The same subject Chief Justice Bests Opinion Mr Bells	554

The same subject	555

Nature and Effect of Notices	556

Notice where brought home to the Parties the Effect	557

Upon whom Notices are Obligatory	558

Cases in which several Persons are Carriers as Partners	559

Notice a mere Nullity where not brought home to the Owner of Goods carried	560

Rights and Duties of each Party growing out of Notices 562 Carrier must employ Suitable Means of Conveyance	562

Owner of Goods bound to put them in a Fit Condition for transpor tation	563

Other Rights and Duties of the Parties	564

Degree of Carriers Liability notwithstanding Notices	570

The same subject	576

Case where the Goods are demanded by a Person having a Superior	582

When Carrier is entitled to Lien on the Goods	588

Bound to provide Careful Drivers	593

Rule of the Road in England In America	599

PassengerCarriers by Water their Rights Duties and Liabilities	605

Essential Question in Cases of CollisionRules of Law as to Pre	611

Case where Goods have been unlivered by Decree of Prize Court	617

Rules applicable to Goods seized by Revenue Officers	618

Loss of Salvage Property pending a Suit for Compensation by whom	624

Irresistible force what	639

Sale of Pawn	643

Vanlige uttrykk og setninger

4th edit Abbott on Shipp Abridg accident action Adolp Ayliffe bailed bailee bailment bailor Barn Bell Bing borrower bound circumstances Civil Law Civil of France Code Civil Code of Louisiana Coggs Comm common carriers common law contract Contrat de Louage Contrat de Mandat court Cowen creditor custody damages debt deemed delivered delivery deposit depositary depositor Detinue doctrine Domat duty entitled Ersk fraud French Law gence gratuitous gross negligence hire hirer horse injury innkeeper Inst Jones on Bailm Jurisp Kent Lect lender liable lien loan loss Louisiana of 1825 mandatary Mass Nantissement neglect obligation owner Pand party pawn pawnee person Pick plaintiff pledge possession Pothier presumption Prêt à Usage Raym reasonable responsible Roman Law rule seems servant Sir William Jones special property Story on Agency Story on Eq theft thing tion Traité de Depot trover undertaking Wend

Populære avsnitt

Side 539 - London, (the act of God, the queen's enemies, fire, and all and every other dangers and accidents of the seas, rivers, and navigation, of whatever nature and kind soever, excepted,) unto order or to assigns, he or they paying freight for the said goods at 51.

Vises i 533 bøker fra 1767-2006

Side 22 - ... when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.

Vises i 509 bøker fra 1792-2008

Side 489 - To bring a person within the description of a common carrier he must exercise it as a public employment ; he must undertake to carry goods for persons generally, and he must hold himself out as ready to engage in the transportation of goods for hire, as a business, not as a casual occupation pro hac vice.

Vises i 144 bøker fra 1803-2001

Side xxxvi - Bailment is a delivery of a thing in trust for some special object or purpose, and upon a contract, express or implied, to conform to the object or purpose of the trust.

Vises i 131 bøker fra 1832-2003

Side 397 - But we think the real answer to the objection is, that no wrong-doer can be allowed to apportion or qualify his own wrong; and that as a loss has actually happened whilst his wrongful act was in operation and force, and which is attributable to his wrongful act, he cannot set up as an answer to the action the bare possibility of a loss, if his wrongful act had never been done.

Vises i 73 bøker fra 1830-1987

Side 180 - I agree with Sir William Jones, that where a bailee undertakes to perform a gratuitous act, from which the bailor alone is to receive benefit, there the bailee is only liable for gross negligence; but if a man gratuitously undertakes to do a thing to the best of his skill, where his situation or profession is such as to imply skill, an omission of that skill is imputable to him as gross negligence.

Vises i 65 bøker fra 1827-2003

Side 383 - And the rule of law may be that in all cases where a man is in possession of fixed property he must take care that his property is so used and managed that other persons are not injured, and that, whether his property be managed by his own immediate servants or by contractors or their servants.

Vises i 51 bøker fra 1827-1992

Side 507 - perils of the sea,' whether understood in its most limited sense, as importing a loss by natural accidents peculiar to that element, or whether understood in its more extended sense as including inevitable accidents...

Vises i 44 bøker fra 1846-1999

Side 557 - when we find gross negligence made the criterion to determine the liability of a common carrier who has given the usual notice, it might perhaps have been reasonably expected that something like a definite meaning should have been given to the expression. It is believed, however, that in none of the numerous cases upon this subject is any such attempt made, and it may well be doubted...

Vises i 26 bøker fra 1843-1927

Side 28 - But if one wilfully intermixes his money, corn or hay with that of another man, without his approbation or knowledge, or casts gold in like manner into another's...

Vises i 53 bøker fra 1791-2006

Bibliografisk informasjon

Tittel	Commentaries on the Law of Bailments: With Illustrations from the Civil and Foreign Law Utgaver 10092-10099 av 19th-century legal treatises AALS law books recommended for libraries Volum 138 av Law books recommended for libraries: Property
Forfatter	Joseph Story
Utgave	4
Utgiver	C. C. Little and J. Brown, 1846
Original fra	Oxford University
Digitalisert	27. sep 2006
Lengde	648 sider

Eksporter sitat	BiBTeX EndNote RefMan

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