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" 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... "
A Treatise on the Principles of the Law of Marine Insurance: In Two Parts. I ... - Σελίδα 274
των Francis Hildyard - 1845 - 852 σελίδες
Πλήρης προβολή - Σχετικά με αυτό το βιβλίο

A Practical and Elementary Abridgment of the Cases ..., Σελίδα 483,Τόμος 1

Charles Petersdorff - 1825 - 848 σελίδες
...imputablc to either party, as where the loss U occasioned by a storm, or any other vit major. In that case the misfortune must be borne by the party on whom...any degree. Secondly, a misfortune of this kind may arae where both parties are to blame, where there has been a want of skill or of due diligence on botbiides....

Reports of Cases Argued and Determined in the High Court ..., Μέρος 105,Τόμος 2

John Dodson - 1828 - 570 σελίδες
...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...— 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...

Cases Decided in the House of Lords: On Appeal from the Courts of Scotland ...

Great Britain. Parliament. House of Lords, Patrick Shaw - 1828 - 504 σελίδες
...as where the loss is ' occasioned by a storm, or any other vis major. In that case the mis' fortune must be borne by the party on whom it happens to light,...being responsible to him in any degree. Secondly, A mis' fortune of this kind may arise where both parties are to blame, where ' there has been a want...

Reports of Cases Argued and Determined in the High Court of Admiralty ...

Great Britain. High Court of Admiralty, John Dodson - 1828 - 564 σελίδες
...occasioned bya storm, or any other vis major : In that case, the misfortune must be borne by thejparty, on whom it happens to light ; the other not being...— 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...

Commentaries on the Law of Bailments: With Illustrations from the Civil and ...

Joseph Story - 1832 - 460 σελίδες
...Laurie, 5 B. & Cres. 156. 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...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....

The Practice of the Law in All Its Departments: With a View of ..., Τόμος 2

Joseph Chitty - 1834 - 680 σελίδες
...being imputable to either party ; as where the loss is occasioned by any other vis major, in that case the misfortune must be borne by the party on whom...degree. Secondly, a misfortune of this kind may arise where bulk parties arc to blame, where there has been a want of due diligence or of skill on both sides,...

A Treatise on the Law Relating to the Powers and Duties of Justices of the ...

Joseph Rockwell Swan - 1837 - 614 σελίδες
...blame being imputed to either party; as where the loss is occasioned by a storm. In that case the loss must be borne by the party, on whom it happens to...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....

Reports of Cases Argued and Determined in the Court of King's Bench ..., Τόμος 4

Great Britain. Court of King's Bench, John Leycester Adolphus, Thomas Flower Ellis - 1837 - 1120 σελίδες
...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 of law is, that the loss must be apportioned between...

Commentaries on the Law of Bailments: With Illustrations from the Civil and ...

Joseph Story - 1840 - 686 σελίδες
...any [*382] other irresistible force, constituting a case of the vis major. In such a 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.4 This (as we shall see) was also the Roman law.5 But among modern maritime nations there is...

United States Reports: Cases Adjudged in the Supreme Court, Τόμος 42

United States. Supreme Court - 1843 - 460 σελίδες
...imputable to either party ; as when 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...being responsible to him in any degree. Secondly. When there has been a want of due diligence or skill on both sides, in such case the rule of law is,...




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