Commentaries on the Law of Bailments: With Illustrations from the Civil and the Foreign LawLittle, Brown, 1856 - 653 oldal |
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Gyakori szavak és kifejezések
15 Mass 4th edit Abridg accident action Ayliffe bailed bailee bailment bailor Bell borrower bound chattels circumstances civil law Civil of France Code Civil Code of Louisiana Coggs Comm common law Contrat de Mandat Court Cowen creditor custody damages Dane debt debtor deemed delivered delivery deposit depositary depositor Detinue doctrine Domat duty entitled Ersk fraud French law gross negligence hire horse implied injury Inst Jones on Bailm Jurisp Kent latter Lect lender liable lien loss Louisiana of 1825 maintain mandatary Nantissement neglect obligation ordinary diligence owner Pand Pandects party pawn pawnee pawnor Pick plaintiff pledge pledgor possession Post Pothier presumption Prêt à Usage Raym reason responsible Roman law rule seems Sir William Jones special property Story on Agency Story on Eq stranger theft thing third person tion Traité de Dépôt trespass trover undertaking Wend wrongdoer
Népszerű szakaszok
467. oldal - 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.
36. oldal - 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.
xlix. oldal - a delivery of goods in trust upon a contract, expressed or implied, that the trust shall be duly executed, and the goods restored to the bailee, as soon as the purpose of the bailment shall be answered.
373. oldal - But we think the real answer to the objection is, that no wrongdoer can be allowed to apportion or qualify his own wrong; and that, as a loss has actually happened, whilst his wrongful act was in operation and force, and which is attributable to his wrongful act, he cannot set up as an answer to the action the bare possibility of a loss, if his wrongful act had never been done.
xlix. oldal - Without professing to enter into a minute criticism, it may be said that a bailment is a delivery of a thing in trust for some special object or purpose, and upon a contract, express or implied, to conform to the object or purpose of the trust": Story on Bailments, p.
179. oldal - 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.
356. oldal - ... we find no case which asserts the doctrine that a master is not liable for the acts of a servant in his employment, when the particular act causing the injury was done in disregard of the general orders or special command of the master. Such a qualification of the maxim of respondent superior, would, in a measure, nullify it.
373. oldal - But the objection taken is, that there is no natural or necessary connection between the wrong of the master in taking the barge out of its proper course, and the loss itself; for that the same loss might have been occasioned by the very same tempest, if the barge had proceeded in her direct course.
360. oldal - But the liability, by virtue of the principle of relation of master and servant, must cease where the relation itself ceases to exist : and no other person than the master of such servant can be liable, on the simple ground, that the servant is the servant of another, and his act the act of another; consequently, a third person entering into a contract with the master, which does not raise the relation of master and servant at all, is not thereby rendered liable...
37. oldal - ... 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. And therefore if the lessee covenant to repair a house, though it be burnt by lightning, or thrown down by enemies, yet he ought to repair it.