Commentaries on the Law of Bailments: With Illustrations from the Civil and the Foreign LawC. C. Little and J. Brown, 1840 - 621 sider |
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Vanlige uttrykk og setninger
11 Mass 3d edit 5th edit Abbott on Shipp Abridg accident action Adolp Ayliffe bailed bailee bailment bailor Bell Bing borrower bound 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 debtor deemed delivered delivery deposit depositary depositor Detinue doctrine Domat duty entitled Ersk foreign law 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 Nantissement obligation owner Pand party pawn pawnee person plaintiff pledge possession Post Pothier presumption Prêt à Usage Raym reasonable responsible Roman law rule seems Sir William Jones special property Story on Agency Story on Eq theft thing tion Traitè de Depot trover undertaking Wend
Populære avsnitt
Side 342 - 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 21 - And this difference was taken, that where the law creates a duty or charge, and the party is disabled to perform it without any default in him, and hath no remedy over, there the law will excuse him.
Side 21 - But 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," so that it is no excuse if that which happens might have been provided against by the contract.
Side 311 - 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 118 - If a man applies to a surgeon to attend him in a disorder for a reward, and the surgeon treats him improperly, there is gross negligence, and the surgeon is liable to an action; the surgeon would also be liable for such negligence if he undertook gratis to attend a sick person, because his situation implies skill in surgery.
Side xli - French bailler, to deliver, is a delivery of goods in trust, upon a contract expressed or implied, that the trust shall be faithfully executed on the part of the bailee.
Side 118 - 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 300 - that the innkeeper's liabil" ity very closely resembles that of a carrier. He is prima "facie liable for any loss not occasioned by the act of God or " the king's enemies ; although he may be exonerated where " the guest chooses to have his goods under his own care.
Side 5 - A man would not be expected to take the same care of a bag of oats as of a bag of gold ; of a bale of cotton as of a box of diamonds...
Side 266 - 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. It might admit of a different construction if he could show, not only that the same loss might have happened, but that it...