Commentaries on the law of bailments: with illustrations from the civil and the foreign law (Google eBook)

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Hilliard and Brown, 1832 - Bailments - 411 pages
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Contents

The same subject
10
Diligence three different degrees of Ordinary Diligence what
11
Standard of Diligence variable
12
And different in different Countries and Ages
13
Diligence affected by Customs and Usage of Trade and Business
14
And by Nature Bulk and Value of Articles
15
High or Great Diligence what is Low or Slight Diligence what
16
Degrees of Negligence Slight Ordinary and Gross
17
The like degrees in the Civil
18
Gross Negligence whether equivalent to Fraud
19
The same subject
20
The same subject
21
The same subject
22
Degree of Diligence required in different sorts of Bailments at the Common
23
And in the Civil
24
Bailees not liable for inevitable accident what is such Irresisti ble foree what
25
Robbery how far deemed Irresistible Force
26
Theft how far deemed Irresistible Force
27
Burglary how far Irresistible Force
28
33 Responsibility of Bailee may be enlarged by Special Contract
33
So by the Civil
34
Effect of Special Contract to keep tajely whether Bailee is liable for Robbery or Theft
35
Or in such case for Accidents
36
How far such a Bailee is liable by the Civil
37
Private Theft whether Presumptive of Fraud at the Common
38
The same subject
39
Confusion of Property by Bailee
40
CHAPTER II
41
The same subject
42
From what the word is derived
43
Division of Deposits into Voluntary and Necessary
44
Another Division into Simple Deposits and Sequestrations
45
How far these Divisions are recognised at the Common
46
Difference between Deposit and Mutuum
47
Principles of the Contract arise from Natural
48
Divisions of the subject
49
By and between what persons the contract of Deposit may
50
What may be the Subject Matter of a Deposit
51
What title Depositor must possess Secondary Bailments
52
Effect of Return of Deposit to owner
53
How and when an Accessorial thing passes with a Deposit
54
What is of the Essence of the Contract of Deposit Delivery
55
the thing 56 The same subject Delivery to keep the thing 57 The same subject Custody must be gratuitous
57
The same subject Delivery must be to a third person
58
The same subject The Contract must be voluntary and not
59
The same subject
64
The same subject Rules in the Civil
65
The same subject Rules in the Common
66
The same subject
67
Lord Cokes Doctrine on the same subject
68
Southcotes Case statement
69
The same subject
70
The same subject
71
An undertaking to keep not equivalent to undertaking to keep safely
72
Effect of undertaking to keep Deposit as Bailee keeps his own goods He is not liable for theft
73
Effect of undertaking to keep goods in a particular place
74
Effect of Concealment of Contents of Deposit
75
The same subject Bonions case
76
The same subject General principle of the Common
77
The same subject
78
Presumption of due Diligence if Bailee keeps the Deposit as he keeps his own goods
79
Exceptions as to the general rule of Diligence 1 Special Con tract 2 Officious Offer of Services
80
Whether an Officious Offer by Depositary changes the rule as to the Diligence required of
81
The same subject
82
Rule as to Diligence in cases of Necessary Deposits
83
Irregular Deposits what
84
QuasiDeposits by finding goods Responsibility of Finder 85a Whether Finder is responsible for Gross Negligence
85
The same subject
86
The same subject
87
Bank Deposits General and Special Embezzlement by Offi cers of the Bank
88
Use of Deposit how far Depositary may use
89
The same subject at the Common
90
The same subject in the Civil
91
Remedy in case of Breaking open a Sealed Deposit
92
Whether Depositary has a Special Property in the Deposit or maintain an Action for Injury to
93
The Right of the Owner to maintain an Action against a Stranger for Injury to
94
The Civil Law on this subject
95
Restitution of Deposit Obligation of Depositary
96
In what state to be restored Responsibility for Injuries
97
Formerly a doubt at the Common Law whether Depositary was bound to restore
98
Restitution of the Increase and Profits of Deposits
99
Sale of Deposit by Depositary effect
100
Sale by Heir or Administrator without knowledge of the Deposit
101
To whom Restitution of Deposit is to be made
102
mistake
103
Whether Bailee may restore to his Bailor notwithstanding an adverse claim Countermand by Bailor
104
Rights of Owner in case of a Second Bailment by his Bailee
105
To whom restitution should be where Deposit has been made by a Servant
106
When demand necessary to be made by Depositor
107
How restitution to be made according to Civil and Foreign
108
Deposit by Guardians Administrators and Trustees to whom restitution is to be made
109
What is to be done in cases of Adverse Claims by Different Per sons
110
Interpleader what and when and between whom it lies
111
The same subject
112
The Civil Law and Foreign Law on the same subject
113
Restitution in cases of Joint Deposit Remedy of Depositary in such a case if One Joint Depositor seizes the Deposit
114
The Civil Law in cases of Joint Deposits
115
Responsibility of Joint Depositaries
116
Restitution of Deposit in what place
117
The same subject
118
Restitution whether demandable before Expiration of Time of Deposit
119
Restitution what will excuse the Depositary or entitle him to Time to make Return Recovery by Title Paramount
120
Expenses of Depositary to be reimbursed whether he has a lien
121
Effect of unjustifiable Refusal to restore the Deposit Future Responsibility of Depositary
122
When Interest or Damages payable on account of Detention
123
Deposits of Goods attached on Process
124
Rights of the Attaching Officer in cases of Deposits on Attach ments
125
When the Attaching Officer may demand the Deposit attached Effect of Judgment and Subsequent Attachment
126
The Attaching Officer may retake the goods attached from the possession of the Debtor
127
Responsibility of the Attaching Officer to the Debtor
128
Rights of the Creditor in such cases of Attachment and Deposit
129
The Duties of the Attaching Officer what degree of Negligence will make liable
130
Who is to indemnify the Attaching Officer for his expenses in keeping the Goods attached
131
The Rights and Duties of the Attaching Officers Bailee
132
Whether the Bailee has a Special Property in the Goods attached
133
Notice of the French Law in cases of Attachments and Sequestra tions
134
Effect of Attachment as to the Rights of the Owner of the Goods
135
Conclusion of the head of Deposits CHAPTER III
136
Mandate Definition
137
Mandator Definition ofMandatary Definition
138
Contract of Mandate recognised in Common
139
Distinction between a Deposit and a Mandate
140
Contract of Mandate at Common Law confined to Personal Prop erty not so in Civil
141
What Agencies are deemed Mandates in the Civil
142
Nature and Character of the Contract of Mandate
143
What is of the Essence of a Mandate
144
The matter of the contract Acts in future
145
Certainty in regard to the object and of the Mandate
146
The Act must be for the Benefit of the Mandator by Another as his Agent
147
It must be capable of being done
148
It must not concern the Interest of the Mandatary alone Joint Interest
149
The Mandatary has not a Special Property in the thing
150
How far the Act must be for the Benefit of the Mandator or
151
Third Person 152 Right of Mandatary to maintain an Action for a Wrong to the thing
152
The Contract must be gratuitous Difference between Counsel and Attorney
153
Expenses of Mandatary to be reimbursed
154
The Contract must be voluntary without mistake or fraud Distinction between Language of Advice and a Representation
155
Rules of the Common Law on this subject
156
The same subject
157
The Contract must not be illegal or against sound morals
158
Cases of Breach of Trust by Trustees Guardians how Mandates affected
159
I6O No particular form or ceremony to create a Mandate 161 The Contract of Mandate may be absolute or conditional tempo rary or permanent
161
Parties between whom the Contract may be made
162
Obligations of the Mandatary
163
Whether the Mandatary is legally bound to perform the act
164
the Civil Law 165 Whether he is so bound by the Common
165
The same subject
166
Reasons for the Common Law distinction between cases of Non fesance and Misfesance
167
The same subject
168
The same subject
169
The same subject
170
The same subject
171
Cases of negligent execution of a Mandate governed by the same rule as Misfesance 173 What degree of Diligence the Mandatary is responsible for ...
172
What degree by the Common
174
Whether there is any Distinction as to Degree of Diligence be tween cases of Mandates to do work and to carry goods
175
The same subject
176
The same subject
177
The same subject
178
The same subject
179
The same subject
180
The same subject
181
Opinion of Dr Paley
182
Presumption of Diligence if Mandatary keeps the goods as he keeps his
183
Illustrations of the doctrine
184
The same subject
185
Degree of Diligence to be proportional to Value of the Goods and Danger of Loss or Injury
186
The Scottish Law on this subject
187
Misuser by Mandatary Violation of Trust effect
188
Quasi Contract of Negotiorum Gestor what
189
Illustrative Case at the Common
190
Account to be rendered by Mandatary how and when
191
What Deductions to be allowed to Mandatary
192
The Expenses and Disbursements of Mandatary to be allowed
193
The Increase and Profits of Mandate to be accounted
194
Joint Mandataries liable in solido
195
Obligations of Mandator
196
In relation to Expenses of Mandatary
197
When Contract dissolved by Change of state of the Parties as Marriage Insanity
206
Revocation of Mandate by operation of
207
Revocation by the act of Mandator by the Civil Law when good
208
Revocation by the act of the Mandator by the Common Law when good
209
Countermand of Delivery to a Third Person when good
210
Bankruptcy of the Mandator a revocation by operation of
211
Burden of Proof on whom it lies in cases of Loss or Injury of Mandate
212
The same subject
213
An anomalous case of Negotiornm Gestor
214
Exceptions from the general rule as to Diligence
215
Case of Mutuality of Interest Degree of Diligence required
216
Case of a Slave running away
217
Conclusion of the head of Mandates
218
Gratuitous Loans definition
219
The same subject
220
No English word exactly expresses the meaning of Commodatum
221
The use of the word Loan in this Treatise
222
What is of the essence of a Gratuitous Loan It must be Personal
223
Property
224
It must be for the use of the Borrower
225
Joint use of Lender and Borrower effect
226
Contract may be limited conditional anj during pleasure
227
The thing loaned to be returned Case of Mutuum
228
Between what persons the contract may be made
229
Whether the Lender need be the absolute Proprietor
230
The Rights of the Borrower Use
231
Limitation of Right to
232
Illustrations of the doctrine
233
When the Loan is personal
234
The same subject
235
The Obligations of the Borrower 237 Degree of Diligence required of Borrower
237
The same subject
238
Degree of Diligence how varied Theft when Borrower respon sible
239
Borrower not liable for Accidents
240
Except when he is in default
241
Loss by Robbery when Borrower is responsible
242
Effect of Fraud and fraudulent Concealment
243
Losses by Accident in case of Ordinary or Extraordinary
244
In case of Fire whether Borrower may save his own Goods in preference
245
The same subject
246
The Doctrine of Sir William Jones and Pothier doubted and dis cussed
247
The same subject
248
The same subject
249
The same subject
250
The same subject
251
Exceptions to the general rule of Diligence
252
53 Effect of Valuation of the Loan 254 The same subject 254a The Use to be made by the Borrower
254
The same subject
255
Expenses of Borrower by whom to be borne
256
The Restitution of the Loan how and when Rules of the Civil
257
Rules of the Common LawOf Revocation of Loan
258
Effect of Delay in Restitution
259
Accessorial things to be delivered back
260
Place of Restitution
261
To whom Restitution is to be made
262
Special Excuses for nonreturn
263
How far receiving the thing back affects DamagesRight
269
Concealment of Defects by the Lender
275
Comment on certain Portions in Rich v JUdred 6 Mod R 216
282
HIRE OF CUSTODY
289
EXCEPTED CASES
299
For what Debts and Engagements a Pawn may be Security
300
Extent of the Security
301
Pawn Contract of between what Persons
302
Rights of Pawnee Special Property
303
Whether Pawn may be retained for other Debts
304
Rule of the Civil Law on this subject
305
Expenses of Pawn
306
Special Property in Pawn how far by Civil and Foreign
307
The same subject Examples 61 Obligations of Depositaries To keep with care and to restore on request
308
Distinction between Pawns and Liens in regard to Sale
311
Rights of Creditors on Proceeds of Sale
312
The same subject
313
Sale of Pawns when composed of different Articles
314
Right of Pawnee to sue personally for the Debt
315
Whether Pawnee can be compelled to such Suit by the Civil
316
Effect of Stipulation prohibiting Sale
317
Right of Pawnee confined to Sale
318
Sale must be bonu fide
319
Whether a Pawnee is compelled to sell
320
Negotiable Securities in Pawn how disposed of Compromise with Debtor
321
Transfer of Pawn by Pawnee
322
Transfer of Negotiable Securities
323
Transfer by Pawnee in Pledge
324
Common Law Doctrine of Pledge by Factors in England
325
325 In America 327 Pledge by the Pawnee when good by the Common
327
By the Civil
328
Use of the Pawn by Pawnee
329
The same subject
330
Use by the Civil
331
Duties of the Pawnee Diligence what Degree required
332
Whether Theft is presumptive of Fraud
333
The same subject
334
The same subject
335
The same subject
336
The same subject
337
The same subject
338
Duty of Pawnee to return Pawn Omu Probandi in case of Loss
339
When Pawn may be delivered to original Owner if he is not
340
Effect of Refusal to return the Pawn
341
Liability of Pawnee for Acts of Omission as well as Commission
342
Pawnee how and when to render an Account
343
Antichresis what in Civil Law Welsh Mortgage
344
Rights of Pawner Right of Redemption
345
Time of Payment Lapse of Time
346
Prescription and Statute of Limitations
347
Time to redeem when not fixed by the Parties
348
Effect of Sale before Offer of Redemption
349
Sale and Transfer by Pawner
350
Damage to Pawn
351
Pawnee has a Special Property Action for Damage by a Stranger
352
Pawns not seizable on Execution
353
Duties of Pawner Warranty of Title
354
Concealment of Defects of Pawn
355
Fraud by Pawner
356
Reimbursement of Expenses of Pawn
357
The same subject
358
Extinguishment of the Contract of Pawn
359
The same subject
360
The same subject Higher Security
361
The same subject Bar by Lapse of Time
362
The same subject Pawn perishing by Accident
363
The same subject Release
364
Common Law on this subject
365
Local Law of Massachusetts respecting Attachments by Pawner
366
Conclusion of the subject of Pawns
367
Contract of Hire LocatiaCondudio Definition
368
Parties Denomination of in Common Civil and Foreign
369
Division of Contract of Hire into four kinds
370
Nature of the Contract
371
Essence of the Contract
372
The same subject
373
The same subject Price
374
The same subject
375
376? The same subject
376
The same subject Pecuniary Recompense
377
Obligations of the Contract of Hire
378
Illegal Contracts what
379
Between what Parties the Contract may
380
Consent Mistake Imposition
381
Obligations and Duties arising from the Contract
382
Obligations and Duties in cases of Hire of Things
383
Delivery of the Thing
384
Obstruction to
385
Sale by the Letter
386
Warranty of Title
387
Repair of thing hired
388
Extraordinary Expenses
389
Warranty against Defects
390
Concealment of Defects
391
The Common Law on this subject
392
Hirer to maintain Animals hired
393
Rights and Duties of Hirer
394
Pawner
395
Tortious User
396
Duty of Diligence
397
What Degree of Diligence required of Hirer by the Civil
398
And by the Common
399
Hirer responsible for Negligence of his Servants
400
The Rule of the Civil Law more
401
Hirer not responsible for wilful Acts of his Servants
402
Nor for Acts of Servants not in his Employ
403
In what cases the Servants also are responsible
404
Duty of Hirer in respect to Animals hired
405
Definition of a Pawn or Pledge
406
Theft by Servants
407
Hirer not responsible for Losses not occasioned by Negligence
408
Distinction between Cause and Occasion of Loss
409
Burthen of Proof in cases of Hire of things
410
By the Civil and Foreign
411
Losses by Robbery
412
Duty of Hirer in the Use of the thing hired
413
Restitution of thing hired
414
Time and Place of Restitution
415
Payment of Price to the Letter
416
When Part only of Hire
417

Common terms and phrases

Popular passages

Page 352 - London, (the act of God, the queen's enemies, fire, and all and every other dangers and accidents of the seas, rivers, and navigation, of whatever nature and kind soever, excepted,) unto order or to assigns, he or they paying freight for the said goods at 51.
Page 25 - 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.
Page 309 - that the innkeeper's liabil" ity very closely resembles that of a carrier. He is prima "facie liable for any loss not occasioned by the act of God or " the king's enemies ; although he may be exonerated where " the guest chooses to have his goods under his own care.
Page 382 - 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 being responsible to him in any degree.
Page 25 - 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.
Page 319 - And this is a politic establishment, contrived by the policy of the law, for the safety of all persons, the necessity of whose affairs oblige them to trust these sorts of persons, that they may be safe in their ways of dealing...
Page 133 - 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.
Page 322 - 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 hac vice.
Page 29 - But if one wilfully intermixes his money, corn or hay with that of another man, without his approbation or knowledge, or casts gold in like manner into another's...
Page 132 - If a man applies to a surgeon to attend him in a disorder for a reward, and the surgeon treats him improperly, there is gross negligence, and the surgeon is liable to an action; the surgeon would also be liable for such negligence if he undertook gratis to attend a sick person, because his situation implies skill in surgery.

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