Reports of Cases Relating to Maritime Law: New series, Volume 13Field Press, 1918 - Law reports, digests, etc |
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Common terms and phrases
4th Aug Admiralty affreightment apply arbitrators arrived Bailhache belligerent bill of lading British buyers capture cargo Carriage charter-party charterers circumstances claim claimants Clan Maclaren clause coal collision Company Limited condemnation constructive total loss contended contraband Cornwood Court of Appeal crew Crown damage decision declaration Declaration of London defendants destination detention discharge documents enemy entitled fact Fratelli Sorrentino freight German Glasgow Hague Convention Hague Convention 1907 Hamburg held hostilities judgment K.B. Div L. T. Rep Law Cas learned judge liable loading Lord Lordships Marine Insurance master ment Merchant Shipping neutral opinion Order in Council outbreak owners parties payment peril Peter Benoit pilot plaintiffs Prize Court PRIZE CT proceed proceedings question reason referred restraint of princes risk salvage sect seized seizure sellers shipowners Solicitors steamer steamship tender tion trading transhipment ubi sup vessel voyage words
Popular passages
Page 224 - ... subrogated to all the rights and remedies of the assured in and in respect of that subject-matter as from the time of the casualty causing the loss.
Page 261 - ... where, from the nature of the contract, it appears that the parties must from the beginning have known that it could not be fulfilled unless when the time for the fulfilment of the contract arrived some particular specified thing continued to exist, so that, when entering into the contract, they must have contemplated such continuing existence as the foundation of what was to be done...
Page xxv - And it is further agreed that if the ship hereby insured shall come into collision with any other ship or vessel and the assured shall in consequence thereof become liable to pay and shall pay by way of damages...
Page 233 - When a merchant ship belonging to one of the belligerent Powers is at the commencement of hostilities in an enemy port, it is desirable that it should be allowed to depart freely, either immediately, or after a reasonable number of days of grace, and to proceed, after being furnished with a pass, direct to its port of destination or any other port indicated.
Page 298 - The rules of the common law, including the law merchant, save in so far as they are inconsistent with the express provisions of this Act, shall continue to apply to contracts of marine insurance.
Page 129 - I think the proper course is in the first instance to examine the language of the statute and to ask what is its natural meaning, uninfluenced by any considerations derived from the previous state of the law, and not to start with inquiring how the law previously stood, and then, assuming that it was probably intended to leave it unaltered, to see if the words of the enactment will bear an interpretation in conformity with this view.
Page 237 - Unless the policy otherwise provides, the declarations must be made in the order of dispatch or shipment. They must, in the case of goods, comprise all consignments within the terms of the policy, and the value of the goods or other property must be honestly stated, but an omission or erroneous declaration may be rectified even after loss or arrival, provided the omission or declaration was made in good faith.
Page 173 - It shall be optional, however, with this company to take all or any part of the articles at such ascertained or appraised value, and also to repair, rebuild or replace the property lost or damaged with other of like kind and quality...
Page 236 - An express warranty may be in any form of words from which the intention to warrant is to be inferred. (2) An express warranty must be included in, or written upon, the policy, or must be contained in some document incorporated by reference into the policy.
Page 210 - Where, by the fault of two or more vessels, damage or loss is caused to one or more of those vessels, to their cargoes or freight, or to any property on board, the liability to make good the damage or loss shall be in proportion to the degree in which each vessel was in fault...