A System of the Law of Marine Insurances: With Three Chapters on Bottomry; on Insurances on Lives; and on Insurances Against Fire. By James Allan Park, ...His Majesty's law printers, 1787 - 530 pages |
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Page xii
... respect to the decifions of the English courts of justice , I believe I have not omitted a fingle cafe , that ever has appeared in print upon the fubject : Befides which , this collection contains a great number of manu- fcript cafes ...
... respect to the decifions of the English courts of justice , I believe I have not omitted a fingle cafe , that ever has appeared in print upon the fubject : Befides which , this collection contains a great number of manu- fcript cafes ...
Page xvi
... respect , and which they adopted as the guide of their conduct in naval affairs . Thefe excellent laws not only ferved as a rule of conduct to the ancient maritime ftates ; but as will appear from an attentive comparison of them , have ...
... respect , and which they adopted as the guide of their conduct in naval affairs . Thefe excellent laws not only ferved as a rule of conduct to the ancient maritime ftates ; but as will appear from an attentive comparison of them , have ...
Page xxvii
... respecting infurances ; because a co- pyift never would have omitted fo material a branch of commercial legiflation , the laws of Wifbuy having exprefly mentioned insurances , and Art . 66 , provided , that if the merchant oblige the ...
... respecting infurances ; because a co- pyift never would have omitted fo material a branch of commercial legiflation , the laws of Wifbuy having exprefly mentioned insurances , and Art . 66 , provided , that if the merchant oblige the ...
Page xxix
... account of the vast improvements , which have been made in this country within these last thirty years , with respect to infurances , and which are the Hume's Hift . bert . the main object of this enquiry . It INTRODUCTION . xxix.
... account of the vast improvements , which have been made in this country within these last thirty years , with respect to infurances , and which are the Hume's Hift . bert . the main object of this enquiry . It INTRODUCTION . xxix.
Page 19
... respect to the policy and ex- pedience of this law , yet , as long as it continues in force , I am bound to fee it executed according to its meaning ; and however I may think that this is not a commendable defence in the underwriter ...
... respect to the policy and ex- pedience of this law , yet , as long as it continues in force , I am bound to fee it executed according to its meaning ; and however I may think that this is not a commendable defence in the underwriter ...
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Common terms and phrases
abandon action affurance againſt alfo alſo anfwer arifing arrived barratry becauſe bottomry cafe captain capture cargo caufe cauſe charter party circumftances commerce confequence confideration confidered contract convoy courfe court damage decifion declaration defendant difcharged enemy England eſtabliſhed expence exprefs fafe faid faid fhip failed falvage fame faved feems fentence fhall fhew fhip fhould firft fome France fraud freight ftated ftatute fubject fuch fufficient fuftained fugars fured happened himſelf ibid iffue inferted infu inſurance intereft Jamaica Juftice jury laft liable loffes loft London Lord Mansfield mafter merchants muft muſt neceffary neral obferved occafion Oleron opinion owner paid partial lofs parties perfon plaintiff policy of infurance port prefent premium purpoſe queftion reafon recover refpect rifk riſk ſhall ſhe ſhip ſtated thefe theſe thofe thoſe tion total lofs trade trial ufage ufual underwriter uſed veffel verdict Vide void voyage warranty whofe
Popular passages
Page 523 - Be it known that as well in own name as for and in the name and names of all and every other person or persons to whom the same doth, may, or shall appertain, in part or in all...
Page 524 - ... arrests, restraints, and detainments of all kings, princes, and people, of what nation, condition, or quality soever, barratry of the master and mariners, and of all other perils, losses, and misfortunes, that have or shall come to the hurt, detriment, or damage of the said goods and merchandises, and ship, &c., or any part thereof.
Page 207 - Good faith forbids either party, by concealing what he privately knows, to draw the other into a bargain from his ignorance of that fact and his believing the contrary.
Page 524 - ... they are of the seas, men of war, fire, enemies, pirates, rovers, thieves, jettisons, letters of mart and countermart, surprisals, takings at sea, arrests, restraints, and detainments of all kings, princes, and people, of what nation, condition, or quality soever...
Page 498 - ... with the fever ; and that the want of retention was not a disorder which shortened life...
Page 524 - Corn, fish, salt, fruit, flour and seed are warranted free from average, unless general, or the ship be stranded— sugar, tobacco, hemp, flax, hides and skins are warranted free from average, under five pounds per cent., and all other goods, also the ship and freight, are warranted free from average, under three pounds per cent. unless general, or the ship be stranded.
Page 525 - Pounds of good and lawful Money of Great Britain, to be paid to...
Page 523 - ... until she hath moored at anchor twenty-four hours in good safety; and upon the goods and merchandises, until the same be there discharged and safely landed.
Page 524 - Ship, &c., or any part thereof ; and in case of any Loss or Misfortune it shall be lawful to the Assured, their Factors, Servants, and Assigns, to sue, labour, and travel for, in, and about the Defence, Safeguard, and Recovery of the said Goods, Merchandises, and Ship, &c. , or any part thereof, without prejudice to this Insurance ; to the charges whereof we, the Assurers, will contribute each one according to the rate and quantity of his sum herein assured.
Page 207 - ... is a fraud, and therefore the policy is void. Although the suppression should happen through mistake, without any fraudulent intention; yet still the underwriter is deceived, and the policy is void; because the risque run is really different from the risque understood and intended to be run, at the time of the agreement.