 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 Merchants' Magazine and Commercial Review - Sida 5441843Obegränsad förhandsgranskning - Om den här boken
 | Charles Petersdorff - 1825 - 848 sidor
...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... | |
 | John Dodson - 1828 - 570 sidor
...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...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... | |
 | Great Britain. High Court of Admiralty, John Dodson - 1828 - 564 sidor
...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 of them.— Thirdly, it may happen by the misconduct of the suffering party only ; and then the rule is, that the... | |
 | Great Britain. Parliament. House of Lords, Patrick Shaw - 1828 - 504 sidor
...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 be' tween them, as having been occasioned by the fault of both of them. ' Thirdly,' he says, ' It may... | |
 | Joseph Story - 1832 - 460 sidor
...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...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... | |
 | Joseph Chitty - 1834 - 680 sidor
...arise where bulk parties arc 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...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... | |
 | Sandford Nevile, Sir William Montagu Manning - 1834 - 1022 sidor
...liockt Woodaxird v. PC 386; 1 Taunt. 6. (6) J Dodst TRINITY TERM, VI WILL. IV. of both of them. Thirdly, it may happen by the misconduct of the suffering party only, and then the rule is, that the sufferer must bear his own burthen. Lastly, it may have been the fault of... | |
 | Joseph Rockwell Swan - 1837 - 614 sidor
...loss of baggage when notice has been given, seepage 247. § 8, (E), § 9.] BAILMENT INNKEEPER. 253 case the rule of law is, that the loss must be apportioned...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... | |
 | Great Britain. Court of King's Bench, Sandford Nevile, Sir William Montagu Manning - 1839 - 998 sidor
...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...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.... | |
 | Joseph Story - 1840 - 686 sidor
...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... | |
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