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Essays and Lectures Upon Some Legal Effects of War
Arnold Duncan McNair Baron McNair
Rajoitettu esikatselu - 1920
action alien enemy allied allowed already Amendment apply arising attempt August authority become benefit Board born British subject carrying on business cause certificate Chapter character claim clause condition consider contained continued contract corporation Court of Appeal decision defendant discharge discussed effect enemy country enemy resident England English entered entitled existence expression fact firm foreign further German give Government ground happened held House of Lords illegal impossibility intercourse interest internment judgment King Limited Lord loss marine means merely naturalization necessary neutral obligation obtain operations opinion Orders in Council outbreak outbreak of war parties peace performance person plaintiff plea plead position present principles Proclamation prohibition protection provisions question reason recent recover referred regard relation respect risks rule says share ship status supra suspension territory tion Trading transaction underwriters unless voyage
Sivu 142 - ... arrests, restraints, and detainments of all kings, princes, and people, of what nation, condition, or quality soever, barratry of the master and mariners, and of all other perils, losses, and misfortunes, that have or shall come to the hurt, detriment, or damage of the said goods and merchandises, and ship, &c, or any part thereof.
Sivu 79 - The principle seems to us to be, that in contracts in which the performance depends on the continued existence of a given person or thing, a condition is implied that the impossibility of performance, arising from the perishing of the person or thing, shall excuse the performance.
Sivu 78 - There seems no doubt that where there is a positive contract to do a thing, not in itself unlawful, the contractor must perform it or pay damages for not doing it, although in consequence of unforeseen accidents, the performance of his contract has become unexpectedly burthensome or even impossible.
Sivu 144 - Warranted free of capture, seizure, arrest, restraint, or detainment, and the consequences thereof or of any attempt thereat (piracy excepted) , and also from all consequences of hostilities or warlike operations whether before or after declaration of war.
Sivu 75 - The material resolution of the court was, 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 ; " 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...
Sivu 3 - Majesty's allegiance if bom in a place where by treaty, capitulation, grant, usage, sufferance, or other lawful means, His Majesty exercises jurisdiction over British subjects.
Sivu 83 - The commercial frustration of an adventure by delay means, as I understand it, the happening of some unforeseen delay without the fault of either party to a contract, of such a character as that by it the fulfilment of the contract, in the only way in which fulfilment is contemplated and practicable, is so inordinately postponed that its fulfilment when the delay is over will not accomplish the only object or objects which both parties to the contract must have known that each of them had in view...
Sivu 132 - ... with the advice of our privy council, to issue this our royal proclamation, hereby...
Sivu 72 - The prohibition of intercourse with alien enemies rests upon public policy, and we can see no ground either on principle or authority for holding that a transaction between an alien enemy and a British subject which might result in detriment to this country or advantage to the enemy is permissible because it cannot be brought within the definition of a commercial transaction.