 I may say that a policy of insurance Is an absolute contract to indemnify for loss by perils of the sea, and it is only necessary to see whether the loss comes within the terms of the contract, and is caused by perils of the sea ; the fact that the loss...  The Law Times - Page vii1870Full view - About this book
 | Eugene Leggett - Bills of lading - 1880 - 520 pages
...205. • The San Roman, 41 LJ Adm. 76. * The Chasca, 44 LJ Adm. 19. of the sea does not prevent it coming within the contract. In the case of a bill...reasonable care unless prevented by the excepted perils. ' Lord . President Inglis, in the case of Steel and Craig v. The State Line Steam-Ship Company,2 said... | |
 | Sir Thomas Edward Scrutton - Bills of lading - 1886 - 386 pages
...terms of the contract and is caused by perils of the sea ; the fact that the loss is partly caused by things, not distinctly perils of the sea, does...contract is to carry (<) [with reasonable care] unless (p) The obiter dictum in The Freedom, LR 3 PC 594, at p. 601 (1871), that perils of the seas in a bill... | |
 | Thomas Edward Scrutton - Bills of lading - 1886 - 382 pages
...the terms of the contract and is caused by perils of the sea; the fact that the loss is partly caused by things, not distinctly perils of the sea, does...different, because there the contract is to carry (i) [with reasonable care] unless (?) The Oquendo (1878), 38 L T. 151; The Catherine Chalmers (1875),... | |
 | Richard Lowndes - Average (Maritime law) - 1888 - 802 pages
...terms of the contract, and is caused by perils of the sea : the fact that tho loss is partly caused by things not distinctly perils of the sea, does not prevent its coming within tho contract. In the case of a bill of lading it is different, because the contract is to carry with... | |
 | Great Britain. Courts - Law reports, digests, etc - 1891 - 660 pages
...terms of the contract, and is caused by perils of the sea ; the fact that the loss is partly caused by things not distinctly perils of the sea does not...prevented by the excepted perils. If the goods are not caopried with reasonable care, and are consequently lost by perils of the sea, it becomes necessary... | |
 | Thomas Edward Scrutton - Bills of lading - 1893 - 430 pages
...is paitly caused by things not distinctly perils of the sea, does not prevent it coming within tho contract. In the case of a bill of lading it is different,...because there the contract is to carry with reasonable caie unless prevented by the excepted perils. If the goods are cot carried with rea-onablo care, and... | |
 | Sir Frederick Pollock - Law - 1909 - 464 pages
...in Grill v. General Iron Screw Collier Co. (LR 1 CP 600, 612) that the contract in a bill of lading is to carry with reasonable care unless prevented by the excepted perils can hardly be accepted now as correct. In Phillips v. Clark (2 CBNS 165) the same learned judge stated... | |
 | Richard Lowndes, Edward Louis De Hart - Average (Maritime law). - 1912 - 920 pages
...within the contract. In the case of a bill of lading it is different, because the contract is to cany with reasonable care, unless prevented by the excepted perils. If the goods arc not carried with reasonable care, and are consequently lost by perils of the sea, it becomes necessary... | |
 | Law reports, digests, etc - 1913 - 1350 pages
...fact that the loss is partly caused by things not distinctly perils of the sea does not prevent It coming within the contract. In the case of a bill...reasonable care, unless prevented by the excepted perils." In 1 Abbott's Merchants Ships, 617, the case of Hamilton v. Pandorf, 12 App. Cas. 518, decided by the... | |
 | Sir Thomas Edward Scrutton, Sir Frank Douglas MacKinnon - Bills of lading - 1914 - 552 pages
...fact that the loss is partly caused by things not distinctly perils of the sea, does not prevent it coming within the contract. In the case of a bill...goods are not carried with reasonable care, and are cousequently lost by perils of the sea, it becomes necessary to reconcile the two parts of the iustrument,... | |
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