A Treatise on the Law of Marine Insurance and Average: With References to the American Cases, and the Later Continental Authorities, Τόμος 2C.C. Little and J. Brown, 1849 - 1515 σελίδες |
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Δημοφιλή αποσπάσματα
Σελίδα 794 - Fire, Enemies, Pirates, Rovers, Thieves, Jettisons, Letters of Mart and Countermart, Surprisals, Takings at Sea, Arrests, Restraints and Detainments of all Kings, Princes, and People, of what Nation, -Condition or Quality soever...
Σελίδα 854 - Corn, fish, salt. fruit, flour, and seed are warranted free from average, unless general. or the ship be stranded - sugar, tobacco, hemp, flax, hides and skins are warranted free from average, under five pounds per cent., and all other goods, also the ship and freight, are warranted free from average, under three pounds per cent. unless general, or the ship be stranded.
Σελίδα 1192 - ... and in case of any loss or misfortune it shall be lawful to the assured, their factors, servants, and assigns, to sue, labour, and travel for, in, and about the defence, safeguard, and recovery of the said goods and merchandizes and ship, &c., or any part thereof, without prejudice to this insurance ; to the charges whereof we, the assurers, will contribute each one according to the rate and quantity of his sum herein assured.
Σελίδα 794 - People, of what Nation, Condition, or Quality soever, Barratry of the Master and Mariners, and of all other Perils, Losses, and Misfortunes, that have or shall come to the Hurt, Detriment, or Damage of the said Goods and Merchandises and Ship, &c., or any Part thereof...
Σελίδα 993 - ... that the underwriter may be entitled to all the benefit of what may still be of any value ; and that he may, if he pleases, take measures, at his own cost, for realising or increasing that value.
Σελίδα 824 - To constitute barratry, which is a crime, the captain must be proved to have acted against his better judgment ; as the case stands there is a whole ocean between you and barratry.
Σελίδα 881 - All losses which give a claim to general average contribution may be divided into two great classes: — 1. Those which arise from sacrifices of part of the ship or part of the cargo purposely made in order to save the whole adventure from perishing. — 2. Those which arise out of extraordinary expenses incurred for the joint benefit of both ship and cargo.
Σελίδα 805 - In the first place, it may happen without blame being imputable to either party ; as where the loss is occasioned by a storm, or any other vis major : In that case, the misfortune must be borne by the party on whom it happens to light ; the other not being responsible to him in any degree.
Σελίδα 1112 - ... whether it would be worth while to repair, it must be assumed that the vessel would be worth that sum when repaired? Or do they mean only, that for the purpose of ascertaining the amount of compensation to be paid to the assured, when the loss has happened, the value shall be taken to be the sum fixed, in order to avoid disputes as to the quantum of the assured's interest?
Σελίδα 863 - To use a vulgar phrase which has been applied to this subject, if it is ' touch and go ' with the ship there is no stranding. It cannot be enough that the ship lay for a few moments on her beam ends. Every striking must necessarily produce a retardation of the ship's motion. If by the force of the elements she is run aground and becomes stationary, it is immaterial whether this be on piles or on rocks on the sea shore; but a mere striking will not do, wheresoever that may happen.