Commentaries on the law of bailments: with illustrations from the civil and the foreign law

Framsida
C. C. Little and J. Brown, 1840 - 1 sidor
 

Så tycker andra - Skriv en recension

Vi kunde inte hitta några recensioner.

Innehåll

Hiring definition of and various sorts
8
Obligations of Bailee in different sorts of Bailments Difference of Legal and Moral Obligation
9
The same subject
10
Diligence three different degrees of Ordinary Diligence what
11
Standard of Diligence variable
12
And different in different Countries and Ages
13
Diligence affected by Customs and Usage of Trade and Business
14
And by Nature Bulk and Value of Articles
15
High or Great Diligence what is Low or Slight Diligence what
16
Degrees of Negligence Slight Ordinary and Gross
17
The like degrees in the Civil
18
Gross Negligence whether equivalent to Fraud
19
The same subject 20 a The same subject
20
Exception in cases of Special Contract
31
Bailee cannot contract against his own Fraud
32
Responsibility of Bailee may be enlarged by Special Contract
33
So by the Civil Law 35 Effect of Special Contract to keep safely whether Bailee is liable for Robbery or Theft
35
Or in such case liable for Accidents
36
How far such a Bailee is liable by the Civil
37
Private Theft whether Presumptive of Fraud at the Common
38
The same subject
39
Confusion of Property by Bailee
40
CHAPTER II
41
The same subject
42
From what the word is derived
43
Division of Deposits into Voluntary and Necessary 44 a Involuntary Deposits what
44
Another Division into Simple Deposits and Sequestrations
45
How far these Divisions are recognised at the Common
46
Difference between Deposit and Mutuum
47
Principles of the Contract arising from Natural
48
Divisions of the subject
49
By and between what persons the contract of Deposit may
50
What may be the Subjectmatter of a Deposit
51
What title Depositor must possess Secondary Bailments
52
Effect of Return of Deposit to owner
53
How and when an Accessorial thing passes with a Deposit
54
What is of the Essence of the Contract of Deposit Delivery of
55
The same subject Delivery to keep the thing
56
The same subject Custody must be gratuitous
57
The same subject Delivery must be to a third person
58
The same subject The Contract must be voluntary and not by mis take
59
6O The same subject Examples 61 Obligations of Depositaries To keep with care and torestore on request
61
What is Keeping with reasonable Care What degree of Diligence required of Depositary
62
Whether sufficient for the Depositary to keep as he keeps his own goods
63
The same subject 64 a The same subject
64
The same subject Rules in the Civil Law 65 a The same subject
65
The same subject Rules in the Common
66
The same subject
67
Lord Cokes Doctrine on the same subject
68
Southcotes Case statement
69
The same subject
70
The same subject
71
An undertaking to keep not equivalent to undertaking to keep safely
72
Effect of undertaking to keep Deposit as Bailee keeps his own goods He is not liable for theft
73
Effect of undertaking to keep goods in a particular place
74
Effect of Concealment of Contents of Deposit
75
The same subject Bonions Case
76
The same subject General principle of the Common
77
The same subject
78
Presumption of due Diligence if Bailee keeps the Deposit as he keeps his own goods
79
Exceptions as to the general rule of Diligence 1 Special Contract 2 Officious Offer of Services
80
Whether an Officious Offer by Depositary changes the rule as to the Diligence required of
81
The same subject
82
Rule as to Diligence in cases of Necessary Deposits 83 a Involuntary Deposit Rights of Bailor and Bailee
83
Irregular Deposits what
84
QuasiDeposits by finding goods Responsibility of Finder 85 a Whether Finder is responsible for Gross Negligence
85
The same subject
86
The same subject
87
Bank Deposits General and SpecialEmbezzlement by Officers of the Bank
88
Use of Deposit how far Depositary may use
89
The same subject at the Common
90
Sale of Deposit by Depositary effect
100
Rights of Owner in case of a Second Bailment by his Bailee
105
Case of Kemp v Coughtry 11 Johns R 107
107
What is to be done in cases of Adverse Claims by Different Persons
110
Responsibility of Joint Depositaries
116
Restitution of Deposit in what place
117
The same subject
118
Restitution whether demandable before Expiration of time of Deposit
119
Restitution what will excuse the Depositary or entitle him to Time to make Return Recovery by Title Paramount
120
Expenses of Depositary to be reimbursed whether he has a lien for 121 a Involuntary Deposits Expenses
121
Effect of unjustifiable Refusal to restore the Deposit Future Re sponsibility of Depositary
122
When Interest or Damages payable on account of Detention
123
Deposits of Goods attached ou Process
124
Rights of the Attaching Officer in cases of Deposits on Attachments
125
When the Attaching Officer may demand the Deposit attached Ef fect of Judgment and Subsequent Attachment
126
The Attaching Officer may retake the goods attached from the pos session of the Debtor
127
Responsibility of the Attaching Officer to the Debtor
128
Rights of the Creditor in such cases of Attachment and Deposit
129
The Duties of the Attaching Officer what degree of Negligence will make liable
130
Who is to indemnify the Attaching Officer for his expenses in keeping the Goods attached
131
The Rights and Duties of the Attaching Officers Bailee
132
Whether the Bailee has a Special Property in the Goods attached
133
Notice of the French Law in cases of Attachments and Sequestra tions
134
Effect of Attachment as to the Rights of the Owner of the Goods
135
Conclusion of the head of Deposits
136
Mandate Definition
137
Mandator definition of Mandatary Definition
138
Contract of Mandate recognised in Common
139
Distinction between a Deposit and a Mandate
140
Contract of Mandate at Common Law confined to Personal Property not so in Civil
141
What Agencies are deemed Mandates in the Civil
142
Nature and Character of the Contract of Mandate
143
What is of the Essence of a Mandate
144
The matter of the contract Acts tn fuiuro
145
Certainty in regard to the object of the Mandate
146
The Act must be for the Benefit of the Mandator by Another as
147
It must be capable of being done
148
It must not concern the Interest of the Mandatary alone Joint In terest
149
The Mandatary has not a Special Property in the thing
150
How far the Act must be for the Benefit of the Mandator or a Third Person
151
Right of Mandatary to maintain an Action for a Wrong to the thing
152
The Contract must be gratuitous Difference between Counsel and Attorney
153
Expenses of Mandatary to be reimbursed
154
The Contract must be voluntary without mistake or fraud Distinc tion between Language of Advice and a Representation
155
Rules of the Common Law on this subject
156
The same subject
157
The Contract must not be illegal or against sound morals
158
Cases of Breach of Trust by Trustees and Guardians How Man dateB affected
159
No particular form or ceremony to create a Mandate
160
The Contract of Mandate may be absolute or conditional temporary or permanent
161
Parties between whom the Contract may be made
162
Obligations of the Mandatary
163
Whether the Mandatary is legally bound to perform the act by
164
a The same subject
173
What degree by the Common
174
Whether there ia any Distinction as to Degree of Diligence between cases of Mandates to do work and to carry goods
175
The same subject
176
The same subject
177
The same subject
178
The same sobject
178
Civil
180
The same subject
181
Opinion of Dr Paley 182 a Mandatary generally liable only for gross negligence
182
Presumption of Diligence if Mandatary keeps the goods as he keeps
183
his own 184 Illustrations of the doctrine
184
The same subject
185
Degree of Diligence to be proportional to Value of the Goods and Danger of Loss or Injury 186 a Case of a Bank what is negligence in Directors 18...
186
The Scottish Law on this subject
187
Misuser by Mandatary Violation of Trust effect
188
Quasi Contract of Negotiorum Gestor what 189 a Responsibility of Negotiorum Gestor 189 6 The same subject
189
Illustrative Case at the Common
190
Account to be rendered by Mandatary how and when
191
What Deductions to be allowed to Mandatary
192
The expenses and Disbursements of Mandatary to be allowed
193
The Increase and Profits of Mandate to be accounted
194
Joint Mandataries liable in solido
195
Obligations of Mandator
196
Bailm c
196
In relation to Expenses of Mandatary
197
In relation to Incidental Contracts of Mandatary
198
Contracts of Mandatary how far binding on Mandator
199
How far Mandator is bound to indemnify Mandatary for Expenses
200
Opinion of Dr Paley on this subject
201
How the Contract of Mandate is dissolved 1 By act of the Party 2 By Death of Mandatary Case of Death of one Joint Mandatary
202
Death of Mandator when it dissolves the contract
203
Effect of Death in case of part execution
204
Difference of Civil and Common Law on this subject
205
When Contract dissolved by Change of stato of the Parties as Mar riage Insanity
206
Revocation of Mandate by operation of
207
Revocation by the act of Mandator by the Civil Law when good
208
Revocation by the act of the Mandator by the Common Law when good
209
Countermand of Delivery to a Third Person when good
210
Bankruptcy of the Mandator a revocation by operation of
211
Burden of Proof on whom it lies in cases of Loss or Injury of Man date
212
The same subject
213
An anomalous case of Negotiorum Gestor
214
Exceptions from the general rule as to Diligence
215
Case of Mutuality of Interest Degree of Diligence required
216
Case of a Slave running away
217
Conclusion of the head of Mandates
218
Gratuitous Loans definition
219
Between what persons the contract may be made
229
Whether the Lender need to be the absolute Proprietor
230
The Rights of the Borrower Use
231
Limitation of Right to
232
Illustration of the doctrine
233
When the Loan is personal
234
The same subject
235
The Obligations of the Borrower
236
Degree of Diligence required of the Borrower
237
The same subject
238
Degree of Diligence how varied Theft when Borrower responsible
239
Borrower not liable for Accidents
240
Except when he is in default
241
Loss by Robbery when Borrower is responsible
242
Effect of Fraud and fraudulent Concealment
243
Losses by Accident in case of Ordinary or Extraordinary
244
In case of Fire whether Borrower may save his own Goods in prefer
245
The same subject
246
The Doctrine of Sir William Jones and Pothier doubted and discussed
247
The same subject
248
The same subject 249 a The same subject 249 6 The same subject
249
The same subject
250
The same subject
251
Exceptions to the general rule of Diligence
252
Effect of Valuation of the Loan 253 a The same subject 253 b Diligence in case of a Precarium 253 c Diligence what is required by the Scottish
253
The Use to be made by the Borrower
254
The same subject
255
Expenses of Borrower by whom to be borne
256
The Restitution of the Loan how and when Rules of the Civil
257
Rules of the Common Law Of Revocation of Loan
258
Effect of Delay in Restitution
259
Accessorial things to be delivered back
260
Place of Restitution
261
To whom Restitution is to be made
262
Special Excuses for nonreturn
263
Borrower cannot detain for prior Debt
264
To whom Restitution is to be made
265
In case of Title by a Stranger
266
In case of Joint Loan
267
Condition in which the thing is to be returned
268
How far receiving the thing back affects Damages Right of action for Injuries
269
Obligations of the Lender
270
As to the Use of the thing How far Bailment revocable
271
Disturbance in use by a Stranger
272
Reimbursement of Expenses by Lender by the Civil
273
By the Common
271
HIRE OF LABOR AND SERVICES
274
Concealment of Defects by the Lender
275
Restitution of thing after paid for by Borrower
276
Revocation of Loan by act of the Party
277
Burthen of Proof on whom in case of Loss or Injury
278
Borrower has no Special Property in the Loan
279
But he has a Right of Action in certain cases
280
Comment on certain Positions in Rich v Aldred 6 Mod R 216
282
Comment on a case of MiUuum 19 Johns R 44
284
Conclusion of the head of Gratuitous Loans
285
Definition of a Pawn or Pledge
286
Distinction between a Pawn and a Mortgage
287
6 The same subject 3L The same subject 22 The same subject 23 Degree of Diligence required in different sorts of Bailments at the Common
288
Hypothecation without Possession in what cases
288
The Essence of the Contract of Pawn or Pledge
289
What are Perils of the Sea 513 Destruction by Rats
289
It must be of Personal Property
290
How far the Pawner need be Owner of the Pledge
291
Increase of Pledge whether subject to the Contract
292
What may not be pawned by the Civil and Common
293
Whether any Future Interest the proper subject of a Pawn
294
Limited Title of Pawnee
295
Pawn of Negotiable Instruments
296
Delivery of the Pawn Necessity of at Common
297
How far necessary by Civil and Foreign
298
Effect of Redelivery
299
For what Debts and Engagements a Pawn may be Security
300
Extent of the Security
301
Pawn Contract of between what Persons
302
Rights of Pawnee Special Property
303
Whether Pawn may be retained for other Debts
304
Rule of the Civil Law on this subject
305
Expenses of Pawn 306 a The same subject
306
Special Property in Pawn how far by Civil and Foreign
307
Sale of Pawn
308
The same subject
309
The same subject
310
Distinction between Pawns and Liens in regard to Sale
311
Rights of Creditors on Proceeds of Sale
312
The same subject
313
Sale of Pawns when composed of different Articles
314
Robbery by the Servants of the Guest 474 General Divisions of the Rights and Duties of Innkeepers 475 Who are deemed Innkeepers
307
Rights and Duties of Innkeepers
309
What degree of Diligence the Mandatary istresponsible for by the Civil
315
Whether Pawnee can be compelled to such Suit by the Civil
316
Effect of Stipulation prohibiting Sale
317
Right of Pawnee confined to Sale
318
Sale must be bond Jide
319
Whether a Pawnee is compelled to sell
320
Negotiable Securities in Pawn how disposed of Compromise with Debtor
321
Doctrine of Average and Contribution
321
Transfer of Pawn by Pawnee
322
Transfer of Negotiable Securities
323
Transfer by Pawnee in Pledge
324
Common Law Doctrine of Pledge by Factors in England
325
In America
326
Pledge by the Pawnee when good by the Common
327
When by the Civil
328
Use of the Pawn by Pawnee
329
The same subject
330
Use by the Civil
331
Duties of the Pawnee Diligence what Degree required
332
Whether Theft is presumptive of Fraud
333
The same subject
334
The same subject
335
The same subject
336
The same subject
337
The same subject
338
Duty of Pawnee to return Pawn Onus Probandi in case of Loss
339
When Pawn may be delivered to original Owner if he is not the Pawner
340
Effect of Refusal to return the Pawn
341
Liability of Pawnee for Acts of Omission as well as of Commission
342
Pawnee how and when to render an Account
343
Antichresis what in Civil Law Welsh Mortgage
344
Whether the Carrier is bound to make a Personal Delivery of Goods to the Owner
344
Rights of Pawner Right of Redemption
345
Time of Payment Lapse of Time
346
Prescription and Statute of Limitations
347
Time to redeem when not fixed by the Parties
348
Effect of Sale before Offer of Redemption
349
Sale and Transfer by Pawner
350
Damage to Pawn
351
Pawnee has a Special Property Action for Damage by a Stranger
352
Pawns not seizable on Execution
353
Duties of Pawner Warranty of Title
354
Concealment of Defects of Pawn
355
The same subject Chief Justice Bests Opinion Mr Bells
355
Fraud by Pawner
356
Reimbursement of Expenses of Pawn
357
The same subject
358
Extinguishment of the Contract of Pawn
359
The same subject
360
The same subject Higher Security
361
a Case on the effect of concealment
361
The same subject Bar by Lapse of Time
362
The same subject Pawn perishing by Accident
363
The same subject Release
364
Common Law on this subject
365
Local Law of Massachusetts respecting Attachments by Pawner
366
Conclusion of the subject of Pawns
367
Contract of Hire LocatioConductio Definition
368
Parties Denomination of in Common Civil and Foreign
369
Division of Contract of Hire into four kinds 370 a Cases of regular hire and irregular hire what
370
Nature of the Contract
371
Essence of the Contract
372
The same subject What may be let 373 a The same subject Use by the Hirer
373
The same subject Price
374
The same subject
375
a Duties of Passengers
375
The same subject 376 The same subject Pecuniary Recompense
376
Obligations of the Contract of Hire
378
Illegal Contracts what
379
Between what Parties the Contract may
380
Consent Mistake Imposition
381
Obligations and Duties arising from the Contract
382
Obligations and Duties in cases of Hire of Things
383
Delivery of the Thing 384 o The same subject What excuses nondelivery
384
Obstruction to
385
Sale by the Letter
386
Warranty of Title
387
Concealment of Defects
391
Duty of Diligence
398
Who are Common Carriers 496 Common Carriers 1 by Land 2 by Water 497 Carriers by Water a Decision considered 498 Stage Proprietors whether...
399
In what cases the Servants also are responsible
404
Burthen of Proof in cases of Hire of things
410

Vanliga ord och fraser

Populära avsnitt

Sidan 352 - 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.
Sidan 24 - 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.
Sidan 24 - But 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," so that it is no excuse if that which happens might have been provided against by the contract.
Sidan 321 - 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 hac vice.
Sidan 132 - If a man applies to a surgeon to attend him in a disorder for a reward, and the surgeon treats him improperly, there is gross negligence, and the surgeon is liable to an action; the surgeon would also be liable for such negligence if he undertook gratis to attend a sick person, because his situation implies skill in surgery.
Sidan xlv - French bailler, to deliver, is a delivery of goods in trust, upon a contract expressed or implied, that the trust shall be faithfully executed on the part of the bailee.
Sidan 132 - 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.
Sidan 314 - 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.
Sidan 10 - 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...
Sidan 267 - 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...

Bibliografisk information