In the first place, it may happen without blame being imputable to either party ; as where the loss is occasioned by a storm, or any other vis major : In that case, the misfortune must be borne by the party on whom it happens to light ; the other not... A manual for shipmasters, letters - Page 206by James Lees - 1851Full view - About this book
| Charles Petersdorff - Law reports, digests, etc - 1825 - 848 pages
...being imputablc to either party, as where the loss U occasioned by a storm, or any other vit major. In that case the misfortune must be borne by the party...any degree. Secondly, a misfortune of this kind may arae where both parties are to blame, where there has been a want of skill or of due diligence on botbiides.... | |
| John Dodson - Admiralty - 1828 - 570 pages
...being imputable to either party ; as where the loss is occasioned by a storm, or any other vis major : In that case, the misfortune must be borne by the...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... | |
| Great Britain. High Court of Admiralty, John Dodson - Admiralty - 1828 - 564 pages
...occasioned bya storm, or any other vis major : In that case, the misfortune must be borne by thejparty, on whom it happens to light ; the other not being...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... | |
| Great Britain. Parliament. House of Lords, Patrick Shaw - Law reports, digests, etc - 1828 - 504 pages
...as where the loss is ' occasioned by a storm, or any other vis major. In that case the mis' fortune must be borne by the party on whom it happens to light,...being responsible to him in any degree. Secondly, A mis' fortune of this kind may arise where both parties are to blame, where ' there has been a want... | |
| Charles Petersdorff - Law - 1829 - 564 pages
.../by the party on whom it happens to li"ht. the other not being responsible to him in any The hirer degree. Secondly, a misfortune of this kind may arise where both parties are to blame, of a car where there has been a want of -ikul or of due diligence on both sides. In such a case the... | |
| Joseph Story - Bailments - 1832 - 460 pages
...Laurie, 5 B. & Cres. 156. loss is occasioned by a storm or any other vis major. In that case the loss must be borne by the party, on whom it happens to...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... | |
| Joseph Chitty - Civil procedure - 1834 - 680 pages
...without blame being imputable to either party ; as where the loss is occasioned by any other vis major, in that case the misfortune must be borne by the party...Secondly, a misfortune 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,... | |
| Joseph Rockwell Swan - Constables - 1837 - 614 pages
...blame being imputed to either party; as where the loss is occasioned by a storm. In that case the loss must be borne by the party, on whom it happens to...parties are to blame; where there has been a want of due diligence or of skill on both sides. In such a (•) 9 Wend. 85 1 Wh«. Selwyn 301, n. 1. (1) As to... | |
| Joseph Story - Bailments - 1840 - 686 pages
...any [*382] other irresistible force, constituting a case of the vis major. In such a case, the loss must be borne by the party, on whom it happens to...light ; the other not being responsible to him in any degree.4 This (as we shall see) was also the Roman law.5 But among modern maritime nations there is... | |
| United States. Supreme Court - Courts - 1843 - 460 pages
...being imputable to either party ; as when the loss is occasioned by a storm, or any other vis major. In that case the misfortune must be borne by the party...being responsible to him in any degree. Secondly. When there has been a want of due diligence or skill on both sides, in such case the rule of law is,... | |
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