Commentaries on the Law of Bailments: With Illustrations from the Civil and the Foreign LawLittle, Brown, 1878 - 647 sider |
Indhold
| 1 | |
| 2 | |
| 28 | |
| 29 | |
| 30 | |
| 31 | |
| 41 | |
| 43 | |
| 44 | |
| 45 | |
| 46 | |
| 47 | |
| 135 | |
| 136 | |
| 139 | |
| 140 | |
| 200 | |
| 201 | |
| 202 | |
| 203 | |
| 253 | |
| 254 | |
| 323 | |
| 335 | |
| 377 | |
| 381 | |
| 405 | |
| 420 | |
| 425 | |
| 441 | |
| 442 | |
| 443 | |
| 444 | |
| 457 | |
| 458 | |
| 464 | |
| 470 | |
| 493 | |
| 405 | |
| 422 | |
| 525 | |
| 526 | |
| 527 | |
| 528 | |
| 529 | |
| 530 | |
| 531 | |
| 532 | |
| 533 | |
| 534 | |
| 535 | |
| 537 | |
| 538 | |
| 543 | |
| 544 | |
| 545 | |
| 573 | |
| 574 | |
| 576 | |
| 577 | |
| 578 | |
| 579 | |
| 580 | |
| 582 | |
| 583 | |
| 584 | |
| 600 | |
| 606 | |
| 612 | |
| 616 | |
| 625 | |
Almindelige termer og sætninger
17 Mass 4th edit Abridg assumpsit Ayliffe bailed bailee bailment bailor Barn Bell Bing bound chattel civil law Civil of France Code Civil Code of Louisiana Coggs Comm common law Contrat de Mandat Court custody Dane deemed defendant definition degree of diligence delivered delivery deposit depositary depositor Detinue distinction doctrine dolus Domat duty Ersk fault finder fraud French law gence gratuitous gross negligence injury Inst Interpleader Jones on Bailm Jurisp Justice keep Kent lata culpa Lect liable Lord Holt loss Louisiana 1825 mandatary obligation ordinary diligence owner Pand Pandects party plaintiff possession Pothier principle Raym redeliver replevin responsible robbery Roman law rule says Sir William Jones slight diligence special contract special property Story on Agency Story on Eq sufficient consideration theft thing tion Traité de Dépôt trespass trover trust undertaking wrong-doer
Populære passager
Side 471 - 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.
Side 451 - Provided also, and be it further enacted, that nothing in this act shall be deemed to protect any mail contractor, stage coach proprietor, or other common carrier for hire from liability to answer for loss or injury to any goods or articles whatsoever arising from the felonious acts of any coachman, guard, book-keeper, porter, or other servant in his or their employ, nor to protect any such coachman, guard, book-keeper, or other servant from liability for any loss or injury occasioned by his or their...
Side 37 - 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.
Side 37 - 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.
Side 402 - perils of the sea' whether understood in its most limited sense as importing a lose by natural accidents peculiar to that element, or whether understood in its more extended sense as including inevitable accidents...
Side 4 - A delivery of goods in trust upon a contract expressed or implied, that the trust shall be duly executed, and the goods restored by the bailee, as soon as the purpose of the bailment shall be answered.
Side 449 - ... furs or lace, or any of them, contained in any parcel or package which shall have been delivered, either to be carried for hire or to accompany the person of any passenger...
Side 443 - 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.
Side 471 - ... such moneys shall be payable as the court shall direct, either to the party complaining, or into court to abide the ultimate decision of the court, or into the Treasury; and payment thereof may, without prejudice to any other mode of recovering the same, be enforced by attachment or order in the nature of a writ of execution, in like manner as if the same had been recovered by a final decree in personam in such court.
Side 174 - 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.