The Law Reports: Court of Common Pleas, Volume 8Incorporated council of law reporting for England and Wales, 1873 - Law reports, digests, etc |
From inside the book
Results 1-5 of 32
Page 50
... charterer to select the coal agent . Can you put it higher than that he must not make an unreasonable choice ? Then what evidence is there that he did so here ? ] It lies on him to shew that he could not have enabled us to load sooner ...
... charterer to select the coal agent . Can you put it higher than that he must not make an unreasonable choice ? Then what evidence is there that he did so here ? ] It lies on him to shew that he could not have enabled us to load sooner ...
Page 51
... charterer who selects his own agent TAPSCOTT for his own purposes should bear it , than the shipowner , who has nothing to do with the agent ? Secondly , it is contended that in any case the lay days commenced on the 11th of July , the ...
... charterer who selects his own agent TAPSCOTT for his own purposes should bear it , than the shipowner , who has nothing to do with the agent ? Secondly , it is contended that in any case the lay days commenced on the 11th of July , the ...
Page 52
... charterers , and there load in the usual and customary manner a full and complete cargo of coals which they bind ... charterer ; the shipowner has done all he was required to do when he has taken his vessel to the usual place of ...
... charterers , and there load in the usual and customary manner a full and complete cargo of coals which they bind ... charterer ; the shipowner has done all he was required to do when he has taken his vessel to the usual place of ...
Page 53
... charterer , and the parties must be taken to have known the regulations affecting such dock . If by such regulations access to the dock might be delayed , the loss must fall on the shipowner , the charterer having the option of naming ...
... charterer , and the parties must be taken to have known the regulations affecting such dock . If by such regulations access to the dock might be delayed , the loss must fall on the shipowner , the charterer having the option of naming ...
Page 54
... charterer might have a right to select a particular dock , he had no right to select a particular agent to load the ship . But who is to determine what agent is to be employed ? We must take it that it was the usual course for vessels ...
... charterer might have a right to select a particular dock , he had no right to select a particular agent to load the ship . But who is to determine what agent is to be employed ? We must take it that it was the usual course for vessels ...
Common terms and phrases
33 Vict Act of Parliament affidavit aforesaid alleged amount appears appellant application authority bankruptcy bill of lading BOVILL breach BRETT bye-law cargo Carmarthen cause of action charterer charterparty claim coal common law consignees contended contract cotton count county court damages debt debtor decision declaration default delivered duty Dyson East Butterwick EBSWORTH effect election entitled evidence fact freight garnishee ground Heelis held highway House House of Lords judge judgment jurisdiction jury KEATING L. J. Ex land Law Rep liable London Lord loss Margaret Walker MARINE INSURANCE Marseilles matter Mayor's Court ment nonsuit notice official mark opinion owner paid parties pawnbroker payment person plaintiff plea premises presiding officer proceedings question Railway Company reason recover referred rent-charge repair replevin respect road rule seems ship ship-owner statute tenant thereof Tichborne tion trial trustees verdict vessel vote voter
Popular passages
Page 138 - ... such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.
Page 651 - ... 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.
Page 588 - ... 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...
Page 178 - On the other hand, the promisee may, if he thinks proper, treat the repudiation of the other party as a wrongful putting an end to the contract, and may at once bring his action as on a breach of it; and in such action he will be entitled to such damages as would have arisen from the non-performance of the contract at the appointed time, subject, however, to abatement in respect of any circumstances which may have afforded him the means of mitigating his loss.
Page 597 - Be it known that as well in own name as for and in the name and names of all and every other person or persons to whom the same doth, may, or shall appertain, in part or in all...
Page 581 - These authorities seem to support the proposition, which appears on principle to be very reasonable, that, where a contract is made with reference to certain anticipated circumstances, and where, without any default of either party, it becomes wholly inapplicable to or impossible of application to any such circumstances, it ceases to have any application; it cannot be applied to other circumstances which could not have been in the contemplation of the parties when the contract was made.
Page 58 - Under the direction of the learned judge, a verdict was entered for the plaintiff, leave being reserved to the defendant to move to enter the verdict for him if the court should be of opinion that what he did was not an infringement within the above statutes.
Page 456 - Term, when a verdict was found for the defendants, leave being reserved to the plaintiff to move to enter a verdict for...
Page 168 - That all conditions were fulfilled, and all things happened and all times elapsed necessary to entitle the plaintiff to have the said agreement performed by the defendant on his part, yet the defendant did not pay the plaintiff the remainder of the said purchase-money as aforesaid on his part.
Page 133 - ... the damages resulting from the breach of such a contract, which they would reasonably contemplate, would be the amount of injury which would ordinarily follow from a breach of contract under these special circumstances so known and communicated.