The Principles of the American Law of Bailments: A Companion to the Author's Work on Contracts

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F. H. Thomas law book Company, 1895 - 667 σελίδες
 

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Περιεχόμενα

CHAPTER V
75
a Hire of Things Section 41 The Hire of the Use of a Thing
79
The Hirers General Responsibility b Hire of Labor and Services
83
c Hire of Care or Custody 44 The General Principle
85
The Agistev 46 The Liveryman
87
The Warehouseman
88
d Hire of Carriage 49 The Private Carriev
90
CHAPTER VII
92
What may be Pledged
97
The Pledged Thing
98
The Pledgors Title
99
The Debt or Engagement
100
The Inerease and Profits 57 The Pledgees Right of Transfev
101
The Pledgees Duties in Regard to the Pledge 59 The Pledge an Additional Remedy
104
6O The Right to Redeem 61 The Pledgees Duty to Redelivev
105
The Pledgees Right to Sell on Default
107
Pledgee Cannot Purchase 64 Irregular Sale may be Ratified
110
Power to Sell not Mandatary
111
Pledgee not Liable for Consequences of Sale When
112
The Pledgors Right to the Surplus 68 The Pledgees Right of Action
114
The Pledgors Right of Action
115
The Pledge How Extinguished
116
Effect of Death of Either Party
119
Duty only Toward Guests
125
CHAPTER IX
141
CHAPTER X
149
EVIDENCE
154
Exceptions to Rule that Common Carrier must Carry for all 94 Where Payment of Charges Refused 95 Where Service Demanded Outside his Professi...
156
Where Goods Illconditioned or Suspicious 97 Where he has Insufficient Room 98 Carriage must be for Hire
159
Carriage beyond Carriers Route
160
Carriers Power to Carry Beyond his Route
161
Not Bound to do
162
Effect of Agreement Not to Carry Beyond Route
163
Proof of Agreement to Carry Beyond Route
165
Actual Delivery to Connecting Carrier Required 105 Aliter as Between the Carriers Themselves 106 Receipt of Goods marked to Place Beyond Route ...
169
The American Rule
171
Right of Connecting Carrier to Exemptions In First Contract
172
Power of First Carrier to Contract with Connecting Carriev
173
Other Rights and Liabilities of Connecting Carriers
174
Presumption as to Time of Damage
175
CHAPTER XI
176
To Whom Must Delivery be Made
178
Delivery According to Usage and Custom
179
Common Carrier a Bailee for Hire
180
The Act of God
183
Discordant Decisions
184
Cases not Within the Act of God
186
The Question of Negligence Immaterial 124 Act of God Must be Exclnsive Cause 125 Negligence and Act of God Concurring
188
12G Loss by Act of God after Delay
189
Loss by Act of God after Deviation 128 Duty of Carrier to Preserve Goods Damaged by Act of God
190
The Public Enemy
192
Losses Caused by Inherent Defects in Goods Carried
193
Losses Caused by Seizure under Process
194
Losses Caused by Act or Omission of Owner 133 Losses Caused through Fraud of Owner
196
Losses Caused by Neglect of Owner 135 Owner Undertaking Part of Carriers Duties
198
CHAPTER XII
202
On the Train
203
Where Person has Conflicting Interests
222
Accepting Papers Containing Limitations or Condi
224
Bills of Lading 149 Express Receipts
226
There Must be no Mistake
228
Nor Duress
229
101 Nor Fraud
230
Nor Waivev 156 Nor Antecedent Parol Contract
233
Must have a Consideration
234
Time and Manner of Making Claim
236
Other Conditions
239
Bills of Lading as Receipts and Contracts
240
Effect of the Special Contract
242
Conditions and Exceptions Peculiar to Carriage by Water 163 Call at Ports 164 Damage
250
Dangers of the Roads
251
Dangers of the Seas and Perils of Navigation 167 Deficiency in Quantity
259
Extraordinary Marine Risk 169 Fire 170 Good Order and Condition
260
Invoice Value 172 Leakage and Breakage
262
On Lakes and Rivers 174 Pilot Master or Mariners 175 Port of Discharge 176 Privilege of Reshipping
263
Quantity Guaranteed
264
Ready to Discharge
265
Restraints of Princes 180 Robbers and Thieves
266
Tow and Assist Vessels 182 Value and Contents Unknown
267
Conditions and Exceptions Peculiar to Carriage by Land 183 All Rail 184 Article
268
O D
269
Feed Water and take Proper Care
270
Package or Thing
271
Delivery under Special Contract Instructions of Shipper
282
Delivery to Wrong Person 207 Duty of Carrier to Notify Consignor
284
Right to Examine Goods
285
Claims of Ownership by Third Parties 210 Stoppage In Transitu
287
Who may Sue for Loss or Injury to Goods
288
Actions for Injury to or Interference with Goods 213 Actions for Freight Charges
290
Power to Sell
291
The Carriers Lien
294
PART III
295
CHAPTER XIV
298
Must Carry Tor all Exceptions 219 Where Payment of Fare Refused 220 Where Service Demanded Outside his Holding
300
Where Person Dangerous or Offensive
301
Waiver by Receiving
302
Who are Passengers
303
Servants of Carrier as Passengers
306
At what Time Relation Begins
307
During what Time Relation Continues
309
At what Timet Relation Ends 230 Persons not Passengers to whom Carrier Owes Duty
310
Contributory Negligence Passenger in Sleeping
311
Contributory Negligence Acts of Passenger Result ing from Directions of Carriers Servants
312
Contributory Negligence of Third Persons
313
Contributory Negligence of Person in Charge of Chil
314
CHAPTER XV
323
Carrier of Passengers not au Insurev 232 Duty as to Vehicles and Appliances for Transporta
323
tion
323
Duty as to Roadway
327
Duty as to Receiving and Landing Places
328
Duty to Adopt new Inventions for Safety
330
CHAPTER XVI
332
Duty towards Free and Paying Passenger the same 247 Who are Free Passengers
349
Limiting Liability for Negligenceas to Free Passen
351
THE DUTIES AND LIABILITIES DURING TRANSIT Section 251 Must Furnish Seat
358
gers
360
Must enable him to Land Safely
362
Powers of Carrier to Establish Regulations 256 Passenger may be Ejected for Violation of Regula tions
365
Mode and Place of Ejection
367
Passengers Right to Resist Ejection
368
No Right to Imprison
369
Nonpayment of Fare
372
Requiring Previous Purchase of Ticket
373
Showing and Surrendering Ticket 263 Other Regulations as to Tickets 264 Concerning use of Carriers Premises 265 Classification of Passengers
376
Passengers on Freight Trains
378
Dangerous and Disorderly Passengers
381
Notice of Regulations
382
CHAPTER XVIII
388
Carrier of Baggage an Insurer
389
What is Baggage
391
Rule in last Section Modified by Usage
399
Carrier may Refuse to Carrywhen
400
Effect of Failnre to State Kind 276 Effect of Failnre to State Valne 277 May Enquire as to Contents of Trunk
401
Knowledge of Carrier that Articles are not Baggage
402
Owner of Baggage must be Passenger 280 Need not Accompany Baggage
404
CHAPTER XIX
420
Fire
474
dren
482
Contributory Negligence of Carrier of Passenger
491
PART IV
493
CHAPTER XXI
495
Telegraph Company not an Insurer
497
Action may be Brought by Addressee
502
Limitation of Liability by Contract
503
Conditions Contained in Telegraph Blanks
505
Connecting Lines
513
Contributory Negligence of Sender
514
Telephone Companies
515
Sleeping Car Companiesnot Common Carriers 325 Not Liable as Innkeepers
518
Contrary ViewSleeping Car Company Liable as an Innkeeper
519
This View Sustained in Nebraska
522
The Liability of the Sleeping Car Company
529
rnssenger Elevators 330 Postmasters and Mail Carriers
535
Burden of Proof Ordinary Bailments 333 Burden of Proof Innkeepers 334 Burden of ProofCommon Carriers of Goods
543
Proof of the Contract 336 Quantum of Proof Required
549
Proof that Loss within Excepted Causes
550
Burden of Proof as to Negligence 339 Burden of Proof under Special Circumstances 340 Common Carriers of Passengers Burden of Proof Of Neglig...
551
Burden of Proof of Contributory Negligence 342 Burden of Proof Telegraph Companies
569
CHAPTER XXIII
572
Measure of Damages In Actions of Tort
578
Exemplary or Punitive Damages
582
Measure of Damages Telegraph Companies 350 Damages for Mental Suffering
595
The Texas Doctrine Denied in some States 352 Arguments for and against the Texas Doctrine
602
When Liability of Carrier Begins
650
Arguments in Support of the Different Views 250 Special Contracts with Passengers
661
Household Goods 190 Load and Unload
666

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Σελίδα 553 - ... the damages resulting from the breach of such a contract, which they would reasonably contemplate, would be the amount of injury which would ordinarily follow from a breach of contract under these special circumstances so known and communicated.
Σελίδα 553 - But, on the other hand, if these special circumstances were wholly unknown to the party breaking the contract, he, at the most, could only be supposed to have had in his contemplation the amount of injury which would arise generally, and in the great multitude of cases not affected by any special circumstances, from such a breach of contract.
Σελίδα 73 - 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...
Σελίδα 50 - ... knew, or by the exercise of reasonable care could have known, that the horse was unsuitable, if in fact it was.
Σελίδα 329 - When carriers undertake to convey persons by the powerful but dangerous agency of steam, public policy and safety require that they should be held to the greatest possible care and diligence.
Σελίδα 209 - By CONSTRUCTIVE FRAUDS are meant such acts or contracts, as, although not originating in any actual evil design, or contrivance to perpetrate a positive fraud or injury upon other persons, are yet, by their tendency to deceive or mislead other persons, or to violate private or public confidence, or to impair or injure the public interests...
Σελίδα 323 - Due care,' however, undoubtedly means (having reference to the nature of the contract to carry) a high degree of care, and casts on carriers the duty of exercising all vigilance to see that whatever is required for the safe conveyance of their passengers is in fit and proper order...
Σελίδα 565 - ... such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.
Σελίδα 196 - ... the plaintiff himself so far contributed to the misfortune by his own negligence or want of ordinary and common care and caution, that, but for such negligence or want of ordinary care and caution on his part, the misfortune would not have happened.
Σελίδα 96 - ... not be pledged; provided the interest can be put, by actual delivery or by written transfer, into the hands or within the power of the pledgee, so as to be made available to him for the satisfaction of the debt. Goods at sea may be passed in pledge by a transfer of the muniments of title, as by a written assignment of the bill of lading. This is equivalent to actual possession, because it is a delivery of the means of obtaining possession.

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