An Essay on Average and on Other Subjects Connected with the Contract of Marine Insurance

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publisher not identified, 1816 - Arbitration and award - 304 pages
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Page 212 - ... inasmuch as the written words are the immediate language and terms selected by the parties themselves for the expression of their meaning, and the printed words are a general formula adapted equally to their case and that of all other contracting parties upon similar occasions and subjects.
Page 201 - 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.
Page 19 - I think, not tenable, to the extent in which it has been thrown out ; for though, in the ordinary state of things, he is a stranger to the cargo, beyond the purposes of safe custody and conveyance, yet, in cases of instant and unforeseen and unprovided necessity, the character of agent and supercargo is forced upon him, not by the immediate act and appointment of the owner, but by the general policy of the law. Unless the law can be supposed to mean that valuable property in his hand is to be left...
Page 73 - ... preservation of the whole. Simple or particular average is not a very accurate expression, for it means damage incurred by, or for, one part of the concern, which that part must bear alone ; so that in fact it is no average at all, but still the expression is sufficiently understood, and received into familiar use.
Page 263 - Orleans : for my own part, I am so charmed with them, that, if my undissembled fondness for the study of jurisprudence were never to produce any greater benefit to the public, than barely the introduction of Pothier to the acquaintance of my countrymen, I should think that I had, in some measure, discharged the debt which every man, according to Lord Coke, owes to his profession f.
Page 218 - It contained the usual memorandum, by which, inter alia, seed was " warranted free from Average, unless general, or the ship be stranded.
Page 131 - ... the merchant in the same condition (relation being had to the prime cost or value in the policy) which he would have been in if the goods had arrived free from damage ; that is, by paying such proportion or aliquot part of the prime cost, or value in the policy, as corresponds with the proportion, or aliquot part of the diminution in value occasioned by the damage.
Page 42 - A seaman, who has engaged to serve on board a ship, is bound to exert himself to the utmost in the service of the ship...
Page 225 - If it had been intended that the underwriters should only be answerable for the damage that arises in consequence of the stranding, a small variation of expression would have removed all difficulty ; they would have said, ' unless for losses arising by stranding.
Page 167 - the valuation can only be opened where it is very exorbitant or where some proof of fraud can be established.

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