Commentaries on the Law of Bailments: With Illustrations from the Civil and the Foreign Law |
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Commentaries on the Law of Bailments: With Illustrations from the Civil and ... Joseph Story No preview available - 2018 |
Common terms and phrases
11 Mass Abbott on Shipp accident action arising Ayliffe's Pand bailed bailee bailment bailor Barn Bell Bell's Bing borrower bound carriage civil law Coggs common carriers common law compensation Contrat de Mandat Court Cowen custody Dane's Abr debt deemed default delivered delivery deposit depositary depositor Detinue dili doctrine Domat duty entitled fraud French law gence gratuitous gross negligence guest hire hirer horse Ibid implied injury innkeeper Inst interplead Jones's Bailm Kent lender liable loan LOCATIO Lord Coke Lord Holt loss Louage mandatary Nantissement neglect notice obligation occasioned ordinary diligence owner Pandects party passengers pawn pawnee peril person pledge possession Pothier Prêt à Usage proper Raym reasonable receive respect responsible Roman law rule Saund seems Selw servants ship Sir William Jones Stark stolen Taunt theft thing tion Traité de Dépôt trover undertaking unless vessel wharfinger
Popular passages
Page 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.
Page 25 - 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.
Page 309 - 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.
Page 382 - In the first place, it may happen without blame being imputable to either party; as where the loss is occasioned by a storm, or any other vis major: In that case, the misfortune must be borne by the party on whom it happens to light; the other not being responsible to him in any degree.
Page 25 - 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.
Page 319 - 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...
Page 133 - 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.
Page 322 - 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.
Page 29 - But if one wilfully intermixes his money, corn or hay with that of another man, without his approbation or knowledge, or casts gold in like manner into another's...
Page 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.