An Essay on the Law of BailmentsS. Sweet, 1833 - 123 páginas |
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Palavras e frases frequentes
accident action answerable bailee bailment bailor Bing borrower bound Bracton Calye's carriage carry charge chargeable circumstances cited civil law Coggs common carrier common law contract court custody damage debt deemed default defendant degree of diligence delivered delivery deposit depositary Detinue discharged distinction doctrine duty excuse fraud gratuitous gross neglect gross negligence guest hire hirer horse implied injury innkeeper J. B. Moore Jones Justinian keep lender liable locatio Lord Coke Lord Ellenborough Lord Holt loss mandatary mandate master obligation occasioned opinion ordinary diligence ordinary neglect owner parcel party passengers pawn pawnee person plaintiff pledge possession Pothier Raym reason responsible reward robbed robbery Roman Roman law rule safely Salk seems servant shew ship Sir William Jones slight neglect Southcote's special property stage-coach proprietors stolen Story theft thing bailed tion trover trust Ulpian undertaking unless vessel vis major warehouse wharfinger words
Passagens conhecidas
Página x - The act of God, of the king's enemies, fire, and all and every other dangers and accidents of the seas, rivers, and navigation of whatever nature and kind soever, save risk of boats, as far as ships are liable thereto, excepted;
Página xli - further enacted, That this act shall be deemed and taken to be a public act, and shall be judicially taken notice of as such by all judges, justices, and others, without being specially pleaded. COGGS v.
Página 69 - cattle or goods, happening in the absence or the presence of the owner; for, says the divine legislator, " if a man borrow aught of his neighbour, and it be hurt or die, the owner thereof not being with it, he shall surely make it good; but, if the owner thereof be with it, he shall not make it
Página xi - gold or silver in a manufactured or unmanufactured state, or any precious stones, jewelry, watches, clocks, or timepieces of any description, trinkets, bills, notes of the Governor and Company of the Bank of England, Scotland, and Ireland respectively, or of any other bank in Great Britain or Ireland, orders, notes, or securities for
Página xxxii - been occasioned by the fault of both of them. Thirdly, it may happen by the misconduct of the suffering party only; and then the rule is, that the sufferer must bear his own burthen. Lastly, it may have been the fault of the ship which ran down the other; and in this case, the injured party
Página xxxix - by land for hire as aforesaid. VI. Provided always, and be it further enacted, That nothing in this act contained, shall extend or be construed to annul or in anywise affect any special contract between such mail contractor, stage-coach proprietor, or common carrier, and any other parties, for the conveyance of goods and merchandizes.
Página xxxii - place, it may happen without blame being imputed to either party; as, where the loss is occasioned by a storm, or any other vis major. In that case, the loss must be borne by the party on whom it happens to light; the other not being responsible to him in any degree.
Página xxxii - loss must be borne by the party on whom it happens to light; the other not being responsible to him in any degree. Secondly, a misfortune of this kind may arise where both parties are to blame, where there has been a want of due diligence or of skill on both sides. In such a case, the rule
Página xxxvi - and other articles of great value in small compass, much valuable property is rendered liable to depredation, and the responsibility of mail contractors, stage-coach proprietors, and common carriers for hire is greatly increased: And whereas, through the frequent omission by persons sending such parcels and packages to notify the value and
Página 117 - delivery of goods in trust, on a contract, expressed or implied, that the trust shall be duly executed, and the goods redelivered, as soon as the time or use for which they were bailed shall have elapsed or be performed. 2. Deposit is a bailment of goods to be kept for the bailor without a