Commentaries on the Law of Bailments: With Illustrations from the Civil and Foreign LawC. C. Little and J. Brown, 1846 - 648 sider |
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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.
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.
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.
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.
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.
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.
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.
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...
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...
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...