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Böcker Böcker41 - 50 av 147 om Secondly, a misfortune of this kind may arise where both parties are to blame; where....
" 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 542
1843
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A Treatise on the Law of Merchant Shipping

David Maclachlan - 1860 - 867 sidor
...1816, ibid. See The Catherine of Dover, Dawson, 2 Hagg. Ad. 145, 154. due diligence on both sides ; in such a case, the rule of law is, that the loss...them, as having been occasioned by the fault of both. " 3rdly. It may happen by the misconduct of the suffering party alone ; and then the rule is, that...
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Reports from the Court of Claims Submitted to the House of ..., Volym 1

1862
...in any degree. Second. When there has been a want of due diligence or skill on both sides; in such case the rule of law is, that the loss must be apportioned...them, as having been occasioned by the fault of both. Third. It may happen by the misconduct of the suffering party only, and then the rule is, that the...
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Dana's Seaman's friend. Brown

Richard Henry Dana - 1863
...both parties are to blame ; where there has been 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 oceasioned by the fault of both of them. Thirdly, it may happen by the misconduct of the suffering...
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International Commercial Law: Being the Principles of Mercantile Law of the ...

Leone Levi - 1863
...both parties are to blame, where there has been a want of due diligence or of skill on both sides, the loss must be apportioned between them, as having been occasioned by the fault of both of them. And if it happen by the misconduct of the suffering party only, then the rule is that the sufferer...
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A Treatise on the Law of Reparation

John Guthrie Smith - 1864 - 575 sidor
...and B. c. 68, § 19. 402. (6) §§ 211. 212. due diligence or skill on both sides. In such a case tk 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 suiting party only ; and then the rule is, that the...
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Arnould on the Law of Marine Insurance, Volym 2

Sir Joseph Arnould - 1866
...when both parties are to blame, where there has been a want of due diligence and skill on both sides ; in such a case the rule of law is, that the loss must be apportioned between them, as having been 1 Rohl r. Parr, 1 Esp. 444. 5. L. ' Hazard v. New England Ins. Co., in United States, Martin v. Salem...
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Arnould on the Law of Marine Insurance, Volym 2

Sir Joseph Arnould - 1866
...occasioned by the fault of both.—3. It may happen by the misconduct of the suffering party alone ; and then the rule is, that the sufferer must bear his own burden.—4. It may have been the fault of the ship which ran the other down ; and in this case the...
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A Treatise of the Law Relative to Merchant Ships and Seamen

Charles Abbott (Baron Tenterden) - 1867 - 638 sidor
...parties are to blame, there having been want of due diligence or of skill on both sides ; in sucTFa case, the rule of law is, that the loss must be apportioned...having been occasioned by the fault of both of them. Tlurdly,, by_the, misconduct of the suffering party only ; and then the rule is, that the sufferer...
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The Jurisdiction and Practice of the High Court of Admiralty: Including a ...

Robert Griffith Williams, Gainsford Bruce - 1869 - 646 sidor
...parties are to blame ; where there has been a want of due diligence or of skill on both sides. In snch a case, the rule of law is, that the loss must be...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...
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A Treatise on Admiralty and Prize: Together with Some Suggestions for the ...

David Roberts - 1869 - 709 sidor
...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...then the rule is, that the sufferer must bear his own burden. Lastly, it may have been the fault of the ship which ran the other down ; and in this case,...
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