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" 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 them, as having been occasioned... "
The New-York Legal Observer - Σελίδα 61
επεξεργασία από - 1845
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A Practical and Elementary Abridgment of the Cases ..., Σελίδα 483,Τόμος 1

Charles Petersdorff - 1825 - 848 σελίδες
...where both parties are to blame, where there has been a want of skill or of due diligence on botbiides. In such a case the rule of law is, that the loss must be apportioned between them, as haviug been occasioned by the fault of both of them. Thirdly, it may happen by the misconduct of tlie...

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

John Dodson - 1828 - 570 σελίδες
...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...having 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...

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
...mis' fortune 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...rule of law is, that the loss must be apportioned be' tween them, as having been occasioned by the fault of both of them. ' Thirdly,' he says, ' It may...

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

Great Britain. High Court of Admiralty, John Dodson - 1828 - 564 σελίδες
...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 isj_that^ the loss must be apportioned between them, as having been occasioned by the fault of both...

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

Joseph Story - 1832 - 460 σελίδες
...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...having 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...

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

Joseph Chitty - 1834 - 680 σελίδες
...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, in such...having 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...

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

Joseph Rockwell Swan - 1837 - 614 σελίδες
...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 (•) 9 Wend. 85 1 Wh«. Selwyn 301, n. 1. (1) As to the loss of baggage when notice has been given,...

Reports of Cases Argued and Determined in the Court of King's Bench ..., Τόμος 6

Great Britain. Court of King's Bench, Sandford Nevile, Sir William Montagu Manning - 1839 - 998 σελίδες
...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...between them, as having been occasioned by the fault (a) At common law the ransom of British ships or goods taken by the enemy was permitted ; Cornu v....

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

Joseph Story - 1840 - 686 σελίδες
...there has been a want of due diligence or skill on both sides. In such a case the rule of the maritime law is, that the loss must be apportioned between...as having been occasioned by the fault of both of them.2 This also seems to be the general rule adopted by modern maritime nations; and it has been inflexibly...

The Merchants' Magazine and Commercial Review, Τόμος 9

1843 - 602 σελίδες
...where both parties are to blame — where there has been a want of due diligence or of skill on boih sides. In such a case, the rule of law is, that the...by the misconduct of the suffering party only, and thon the rule is, that the sufferer must bear his own burthen. Fourth. It may have been the fault of...




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