Commentaries on the Law of Bailments: With Illustrations from the Civil and the Foreign LawC. C. Little and J. Brown, 1851 - 667 sidor |
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Vanliga ord och fraser
4th edit Abbott on Shipp Abridg accident action Adolph arise Ayliffe bailee bailment bailor Barn Bell Bing borrower bound circumstances Civil Law Civil of France Code Civil Code of Louisiana Coggs Comm common carrier common law contract Contrat de Louage Contrat de Mandat Cowen creditor culpa custody damages debt deemed default delivered delivery deposit depositary Detinue doctrine Domat duty entitled Ersk foreign law fraud French law gence gratuitous gross negligence hirer horse Ibid implied injury innkeeper Inst Jones on Bailm Jurisp Kent Lect lender liable lien loan loss Louisiana of 1825 mandatary Nantissement neglect obligation owner Pand party pawn pawnee person Pick plaintiff pledge possession Post Pothier Prêt à Usage Raym reasonable responsible Roman law rule seems servant Sir William Jones special property Story on Agency Story on Eq Taunt theft tion Traité de Dépôt trover undertaking Wend
Populära avsnitt
Sida 37 - ... when the party by his own contract creates a duty or charge upon himself he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Sida 514 - The law charges this person thus intrusted to carry goods, against all events but acts of God, and of the enemies of the king. For though the force be never so great, as if an irresistible multitude of people should rob him, nevertheless he is chargeable. And this is a politic establishment, contrived by the policy of the law, for the safety of all persons, the necessity of whose affairs oblige them to trust these sorts of persons, that they may be safe in their ways of dealing...
Sida 572 - London, (the act of God, the queen's enemies, fire, and all and every other dangers and accidents of the seas, rivers, and navigation, of whatever nature and kind soever, excepted,) unto order or to assigns, he or they paying freight for the said goods at 51.
Sida 518 - To bring a person within the description of a common carrier he must exercise it as a public employment: he must undertake to carry goods for persons generally; and he must hold himself out as ready to engage in the transportation of goods for hire, as a business, not as a casual occupation pro hoc vice.
Sida 36 - And this difference was taken, that where the law creates a duty or charge, and the party is disabled to perform it without any default in him, and hath no remedy over, there the law will excuse him.
Sida 200 - I agree with Sir William Jones, that where a bailee undertakes to perform a gratuitous act, from which the bailor alone is to receive benefit, there the bailee is only liable for gross negligence; but if a man gratuitously undertakes to do a thing to the best of his skill, where his situation or profession is such as to imply skill, an omission of that skill is imputable to him as gross negligence.
Sida 497 - that the innkeeper's liabil" ity very closely resembles that of a carrier. He is prima "facie liable for any loss not occasioned by the act of God or " the king's enemies ; although he may be exonerated where " the guest chooses to have his goods under his own care.
Sida 23 - A man would not be expected to take the same care of a bag of oats, as of a bag of gold ; of a bale of cotton, as of a box of diamonds...
Sida 423 - But we think the real answer to the objection is, that no wrong-doer can be allowed to apportion or qualify his own wrong; and that as a loss has actually happened whilst his wrongful act was in operation and force, and which is attributable to his wrongful act, he cannot set up as an answer to the action the bare possibility of a loss, if his wrongful act had never been done. It might admit of a different construction if he could show, not only that the same loss might have happened, but that it...
Sida 593 - ... therefore, bound to use ordinary care in the custody of the goods, and in their delivery, and to provide proper vehicles and means of conveyance for their transportation...