The Law Relating to General and Particular Average: For the Use of Underwriters and Other PersonsE. Wilson, 1900 - 154 páginas |
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Página
... Express Contract - Case of Randall v . Cochrane CHAPTER II . —Lender upon Respondentia not Liable to Average Losses - Case of the Bella Leandra - English Underwriters Bound by Foreign Adjustment - English and American Law in reference ...
... Express Contract - Case of Randall v . Cochrane CHAPTER II . —Lender upon Respondentia not Liable to Average Losses - Case of the Bella Leandra - English Underwriters Bound by Foreign Adjustment - English and American Law in reference ...
Página 1
... Express Contract - Case of Randall v . Cochrane . THE expression " average , " as used in maritime law , is a foreign word - a Latin term in fact . It has for nearly eighteen centuries been regarded as an unintelligible , or doubtful ...
... Express Contract - Case of Randall v . Cochrane . THE expression " average , " as used in maritime law , is a foreign word - a Latin term in fact . It has for nearly eighteen centuries been regarded as an unintelligible , or doubtful ...
Página 8
... express contract that the under- writers shall be liable for general average , an alleged usage cannot be set up as a bar to the action , for it is entirely in derogation and con- tradiction of the written contract . Usage may be relied ...
... express contract that the under- writers shall be liable for general average , an alleged usage cannot be set up as a bar to the action , for it is entirely in derogation and con- tradiction of the written contract . Usage may be relied ...
Página 9
... express written contract would be contrary to all principle , and has been forbidden as often as the attempt has been made . A defendant cannot , in an action on a policy in the usual form on ship , boats , etc. , set up a usage that ...
... express written contract would be contrary to all principle , and has been forbidden as often as the attempt has been made . A defendant cannot , in an action on a policy in the usual form on ship , boats , etc. , set up a usage that ...
Página 20
... express clauses have been inserted in policies . Some of such clauses have been framed on the footing that when the vessel was caught in a foreign country , and contributions had to be paid , the underwriters should bear those payments ...
... express clauses have been inserted in policies . Some of such clauses have been framed on the footing that when the vessel was caught in a foreign country , and contributions had to be paid , the underwriters should bear those payments ...
Otras ediciones - Ver todas
The Law Relating to General and Particular Average (for the Use of ... Duckworth Lawrence Sin vista previa disponible - 2013 |
The Law Relating to General and Particular Average Lawrence Duckworth Sin vista previa disponible - 2015 |
The Law Relating to General and Particular Average (for the Use of ... Lawrence Duckworth Sin vista previa disponible - 2016 |
Términos y frases comunes
adventure affreightment agreed amount ANTWERP Arbitration assured average adjuster average contribution average loss average sacrifice average stater Banking Barrister-at-Law benefit bill of lading Bimetallism Book-keeping bottomry bound cent charges charter charter party claim Committee of Lloyd's common safety Company consequence consignee Contango contract cost Currency danger deducted defendants deposit discharge English law entitled expenditure expenses incurred Foreign Adjustment foreign statement History of Banking Interest jettison KALGOORLIE law of England Law relating lender liable LIVERPOOL continued London Lord Esher lost Manual maritime master Milreis Mining Money owner paid particular average parties hereto pay general average payment peril person plaintiffs port of refuge pound sterling Price 15s Price 21s Price 6d property salved question Rates repairs respect Revised Edition RULE Salvage and/or saved ship and cargo shipowner shipper Stock Exchange stranded suing and labouring Telegraph Code tranship Trustees underwriters vessel voyage WALTER SMITH words
Pasajes populares
Página 102 - 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.
Página 102 - 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 thirty-five guineas per cent.
Página 94 - Ship's materials and stores, or any of them, necessarily burnt for fuel for the common safety at a time of peril, shall be admitted as general average, when and only when an ample supply of fuel had been provided...
Página 101 - Surprisals, Takings at Sea, Arrests, Restraints and Detainments of all Kings, Princes and People, of what Nation, Condition, or Quality soever, Barratry of the Master and Mariners...
Página 93 - ... When a ship shall have entered a port or place of refuge, or shall have returned to her port or place of loading in consequence of accident, sacrifice or other extraordinary circumstances, which render that necessary for the common safety, the expenses of entering such port or place shall be admitted as general average ; and when she shall have sailed thence with her original cargo, or a part of it...
Página 101 - 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...
Página 101 - 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...
Página 92 - Damage done to a ship and cargo, or either of them, by or in consequence of a sacrifice made for the common safety, and by water which goes down a ship's hatches opened or other opening made for the purpose of making a jettison for the common safety, shall be made good as general average.
Página 108 - NOW THE CONDITION of the above obligation is such that if...
Página 100 - ... and have not been allowed as general average; deduction being also made from the value of the property of all charges incurred in respect thereof subsequently to the general average act, except such charges as are allowed in general average. Passengers' luggage and personal effects not shipped under bill of lading shall not contribute in general average.