Arnould on the Law of Marine Insurance, 1. köideStevens and sons, 1887 |
From inside the book
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Page 8
... rule of marine insurance was therefore in such a case dispensed with in favour of that universal canon of law , ad impossibilia nemo tenetur.3 In case of time policies . Condition against the wrong . - Again , if a man of his own wrong ...
... rule of marine insurance was therefore in such a case dispensed with in favour of that universal canon of law , ad impossibilia nemo tenetur.3 In case of time policies . Condition against the wrong . - Again , if a man of his own wrong ...
Page 10
... rule of law , operating indeed a different result , is furnished by the effect given to the memorandum- " free of average unless general or the ship be stranded . " If the vessel be stranded at any point in the course of the voyage ...
... rule of law , operating indeed a different result , is furnished by the effect given to the memorandum- " free of average unless general or the ship be stranded . " If the vessel be stranded at any point in the course of the voyage ...
Page 22
... rule , the nature and extent of the interest which the assured has in the subject of insurance need not be disclosed on the face of the policy . Hence a mortgagee of ship may , seems , on a general policy on ship , without more ...
... rule , the nature and extent of the interest which the assured has in the subject of insurance need not be disclosed on the face of the policy . Hence a mortgagee of ship may , seems , on a general policy on ship , without more ...
Page 23
... rule of maritime law , at that time followed only in the Admiralty Court , the damage to both was equally shared between them . The owner , under such a policy , recovered 1 See the cases collected by Mr. Phillips , vol . i . no . 421 ...
... rule of maritime law , at that time followed only in the Admiralty Court , the damage to both was equally shared between them . The owner , under such a policy , recovered 1 See the cases collected by Mr. Phillips , vol . i . no . 421 ...
Page 24
... rule , peculiar formerly to the Admiralty Court , is now the law of the English Courts , sharing the damage between both where both are to blame for the collision of the ships ; Maclachlan , Shipping , p . 306 . 2 Instead of attempting ...
... rule , peculiar formerly to the Admiralty Court , is now the law of the English Courts , sharing the damage between both where both are to blame for the collision of the ships ; Maclachlan , Shipping , p . 306 . 2 Instead of attempting ...
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Common terms and phrases
according action actually adventure agent alteration amount appears arrival assured authority average bill broker called Camp cargo carried circumstances claim clause commencement common condition consequently considered continue contract course Court cover damage defendants deviation direct discharge Duer East effect entitled evidence Exch expected express fact foreign freight give given ground held implied insurable interest intended Judge judgment landed liable limits Lloyd's loading London Lord Lord Ellenborough loss lost Marine master meaning merchant nature opinion original outward owner paid particular parties perils persons Phillips plaintiff port practice premium principle profits protect question reason received recover reference respect risk rule sail says ship specified stamped taken Taunt tion trade underwriter United unless usage usual vessel Vict voyage whole
Popular passages
Page 243 - 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 Ooods and Merchandises and Ship, &e., 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 230 - Touching the adventures and perils which we the assurers are contented to bear and do take upon us in this voyage: 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 244 - Street or in the Royal Exchange or elsewhere in London. And so we the assurers are contented, and do hereby promise and bind ourselves each one for his own part, our heirs, executors, and goods to the assured, their executors, administrators, and assigns for the true performance of the premises, confessing ourselves paid the consideration due unto us for this assurance by the assured at and after the rate of IN WITNESS WHEREOF we the assurers have subscribed our names and sums assured in (London).
Page 20 - ... upon any kind of Goods and Merchandises, and also upon the Body, Tackle, Apparel, Ordnance, Munition, Artillery, Boat and other Furniture, of and in the good Ship or Vessel...
Page 375 - God, for this present voyage, or whosoever else shall go for master in the said ship, or by whatsoever other name or names the said ship, or the master thereof, is or shall be named or called ; beginning the adventure upon the said goods and merchandises from the loading thereof aboard the said ship, upon the said ship, &c.
Page 240 - ... until the same be there discharged and safely landed. And it shall be lawful for the said ship, &c., in this voyage, to proceed and sail to and touch and stay at any ports or places whatsoever without prejudice to this insurance.
Page 245 - NB — 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 230 - ... 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 230 - ... all other perils, losses, and misfortunes, that have or shall come to the hurt, detriment, or damage of the said goods and merchanidses, and ship, etc., or any part thereof.
Page 144 - Blockades, in order to be binding, must be effective — that is to say, maintained by a force sufficient really to prevent access to the coast of the enemy.