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... A manual for shipmasters, letters - Página 206por James Lees - 1851Vista completa - Acerca de este libro
| Charles Petersdorff - 1825 - 848 páginas
...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 páginas
...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...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... | |
| Great Britain. Parliament. House of Lords, Patrick Shaw - 1828 - 504 páginas
...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 be' tween them, as having been occasioned by the fault of both of them. ' Thirdly,' he says, ' It may... | |
| Great Britain. High Court of Admiralty, John Dodson - 1828 - 564 páginas
...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 isj_that^ the loss must be apportioned between them, as having been occasioned by the fault of both... | |
| Joseph Story - 1832 - 460 páginas
...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...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... | |
| Joseph Chitty - 1834 - 680 páginas
...of this kind may 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...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... | |
| Sandford Nevile, Sir William Montagu Manning - 1834 - 1022 páginas
...Faker, 2 Di lock v. 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... | |
| Great Britain. Court of King's Bench, John Leycester Adolphus, Thomas Flower Ellis - 1837 - 1120 páginas
...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...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... | |
| Joseph Rockwell Swan - 1837 - 614 páginas
...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...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... | |
| Great Britain. Court of King's Bench, Sandford Nevile, Sir William Montagu Manning - 1839 - 998 páginas
...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...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.... | |
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