A Defense of the Rule of the Admiralty Court in Cases of Collision Between Ships in a Letter to the Right Honourable Lord Selborne, &c. &cLongmans, Green, Reader and Dyer, 1873 - 32 sidor |
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accidental collision Admiralty Court Admiralty Law Admiralty Rule applied Aquitaine Baxendale's waggon bear Black Book blame bottom capitaines carriage century Code of Maritime collision arises COLLISION BETWEEN SHIPS collision was accidental collisions at sea Common Law Courts Common Law rule Consolato del Mare course of legislation Court of Admiralty Coutumes Damme dedens deux nefs distinction divided equally dividing the damages division of damages doit doubt entitled to recover equal division été fairway France happen jugement laid Law of Europe laws of Oleron lien Lord Gifford Lord Stowell Lordship Maritime Law maritime nations moiety observe old Civil Law old French Ordonnances of Wisbuy owner party could recover perfect equity ports principal maritime principle purely accidental relates to collisions rule of dividing sera payé shyp Siete Partidas Sir Travers Twiss solely the fault Spain Sprightly Valin verò vessels at sea vis major voulentiers whilst whole loss Woodrop-Sims words
Populära avsnitt
Sida 21 - 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 which it happens to light the other not being responsible to him in any degree.
Sida 21 - ... 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 on both sides ; in such a case, the rule of law is, that the loss must be apportioned between them, as having been occasioned by the fault of both of them.
Sida 19 - En cas d'abordage de navires si 1'evenement a etc purement fortuit, le dommage est supporte, sans repetition, par celui des navires qui 1'a eprouve. Si 1'abordage a ete fait par la faute de 1'un des capitaines, le dommage est paye par celui qui 1'a cause.
Sida 4 - ... blame for the collision — that being a condition precedent to the equal division of the damages. And, first, I will assume that...
Sida 11 - ... the sayd shyppes also among the marchauntes, and the mayster of the shyp that hyt the other must swere on a boke, and hys marchauntes with hym that he dyd it not with his wyll. The reason why this jugement was made is, that an olde ship...
Sida 5 - A. for a moiety of his damage. Each loses £30,000; A by having to bear the loss of one moiety of his own vessel, or £5,000, and by having to pay to B. £25,000 for the moiety of his (B.'s) loss; and B.
Sida 5 - Law no less a sum than 30,000?. as a compensation, arises from their supposing that the amount at stake is a common fund to be divided between two claimants, not a joint loss which has to be apportioned between them.
Sida 6 - A's loss would be only ,£10,000, or one-fifth part that of B. And this too, be it observed, although both may have been equally to blame for the collision, and although the fact whether one or both went to the bottom would depend very much upon the accident of which parts of the two vessels came into collision. A rule which depends upon so mere an accident can, I venture to submit, hardly be so equitable, as the rule which directs that a loss resulting from the common fault of two parties shall...
Sida 11 - ... the stroke that the other shyp gave it, and there is wyne shedde on both partes, the losse ought to be praysed and devyded half to half betwene the shyppes, and the wynes lost in the sayd shyppes also among the marchauntes, and the mayster of the shyp that hyt the other must swere on a boke, and hys marchauntes with hym that he dyd it not with his wyll.
Sida 5 - B's vessel goes to the bottom, and that A's is uninjured ; then B, who has lost .£50,000 by the sinking of his vessel, would be entitled to recover one moiety of his loss; or £25,000, from A. Thirdly, I will suppose that both go to the bottom, both alike being to blame for the collision. Then A, having lost ,£10,000 by the sinking of his vessel, is entitled to receive £5,000 from B for a moiety of his damage ; whilst B is entitled to recover .£25,000 from A for a moiety...