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" Good faith forbids either party, by concealing what he privately knows, to draw the other into a bargain from his ignorance of that fact and his believing the contrary. "
A System of the Law of Marine Insurances: With Three Chapters on Bottomry ... - Σελίδα 207
των Sir James Allan Park - 1787 - 530 σελίδες
Πλήρης προβολή - Σχετικά με αυτό το βιβλίο

A System of the Law of Marine Insurances: With Three Chapters on Bottomry ...

Sir James Alan Park - 1799 - 570 σελίδες
...ftill the contract is annulled, becaufc the riflt is not the fame, which the underwriter intended. Good faith forbids either party, by concealing what...bargain, from his ignorance of that fact, and his belief of the contrary. Thefe CHAP. Thefe principles have been uniformly fupported by 3 variety of...

A System of the Law of Marine Insurances: With Three Chapters, on Bottomry ...

Sir James Allan Park - 1809 - 680 σελίδες
...an action would lie to recover the premium. The governing principle is applicable to all contracts and dealings. Good faith forbids either party, by...the other into a bargain, from his ignorance of that fad, and his believing the contrary. But either party may be innocently filent as to grounds open to...

The American Practical Lunarian: And Seaman's Guide ... To which are Annexed ...

Thomas Arnold - 1822 - 915 σελίδες
...an action would lie to recover the premium. The governing principle is applicable to all contracts and dealings. Good faith forbids either party, by...believing the contrary. But either party may be innocently silent as to grounds open to both to exercise their judgment upon. There are many matters as to which...

A Treatise on the Law of Limitation: With an Appendix of Statutes and Forms

George Barclay Mansel - 1839 - 228 σελίδες
...an unlettered man, and it is not ever, or untruly, read over to him, Thoroughgood's case, 2 Rep. 9; good faith forbids either party, by concealing what...into a bargain from his ignorance of that fact, and bis believing the contrary, per Lord Mansfield, Carter v. Boehm, 3 Burr. 1910. Tlie same evidence is...

A Selection of Leading Cases on Various Branches of the Law: With Notes, Τόμος 2

John William Smith - 1841
...an action would lie to recover the premium. The governing principle is applicable to all contracts and dealings. Good faith forbids either party, by...believing the contrary. But either party may be innocently silent as to grounds open to both to exercise their judgment upon. Aliud est celare ; aliud, tacere...

The Law of Nisi Prius, Evidence in Civil Actions, and Arbitration ..., Τόμος 3

Archibald John Stephens - 1842 - 2995 σελίδες
...derwriter who " The governing principle is applicable to all contracts and dealings. concça's a maGood faith forbids either party, by concealing what he...believing the contrary. But either party may be innocently silent as to grounds open to both to exercise their judgment upon : — ' Aliudest celare ; (1) BrUga...

The Scottish Jurist: Containing Reports of Cases Decided in the ..., Τόμος 16

1844
...speech, the following dictum of Lord Mansfield was founded upon by the pursuer: " Good faith prohibits either party, by concealing what he privately knows,...draw the other into a bargain, from his ignorance of the fact and his believing the contrary." The following evidence was led: Mr Thomson—Is manager of...

A Treatise on the Principles of the Law of Marine Insurance: In Two Parts. I ...

Francis Hildyard - 1845 - 852 σελίδες
...an action would lie to recover the premium. The governing principle is applicable to all contracts and dealings. Good faith forbids either party, by...believing the contrary. But either party may be innocently silent as to grounds open to both, to exercise their judgment upon. Aliud est celare; nit ml tacere...

A Treatise on the Principles of the Law of Marine Insurance: In Two Parts. I ...

Francis Hildyard - 1845 - 852 σελίδες
...would lie to recover the premium. The governing principle is applicable to all contracts and dealing;. Good faith forbids either party, by concealing what...privately knows, to draw the other into a bargain, from bis ignorance of that fact, and his believing the contrary. But either party may be innocently silent...

A Treatise on the Law of Marine Insurance and Average: With ..., Τόμος 1

Sir Joseph Arnould - 1849
...be the same, (i) " Good faith," says Lord Mansfield, " forbids either party, by concealing what he knows, to draw the other into a bargain, from his ignorance of the fact, and his believing the contrary. The facts lie most commonly in the knowledge of the assured...




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