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3d edit 5th edit Abridg accident action Ante applies arise attachment authority Ayliffe bailee bailment Bell borrower bound called carrier carry circumstances civil law Code of Louisiana Comm common law consideration contract Contrat de Louage Contrat de Mandat court custody damages debt deemed delivered delivery deposit depositary diligence distinction doctrine Domat duty engagement entitled expenses fraud gross negligence held hire horse implied injury Inst interest Jones on Bailm keep Kent latter Lect lender liable loan Lord loss maintain Mandat mandatary Mass nature neglect negligence notice obligation occasioned officer ordinary owner Pand particular party pawn pawnee person Pick pledge possession Post Pothier Prêt à Usage principles proper question reasonable receive respect responsible Roman law rule says seems ship Story sufficient taken Term thing tion Traitè de Depot undertaking unless Wend
Página 342 - 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.
Página 21 - 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," so that it is no excuse if that which happens might have been provided against by the contract.
Página 311 - 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.
Página 118 - 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.
Página xli - French bailler, to deliver, is a delivery of goods in trust, upon a contract expressed or implied, that the trust shall be faithfully executed on the part of the bailee.
Página 118 - 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.
Página 300 - 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.
Página 7 - A man would not be expected to take the same care of a bag of oats as of a bag of gold ; of a bale of cotton as of a box of diamonds...
Página 266 - But we think the real answer to the objection is, that no wrong-doer can be allowed to apportion or qualify his own wrong; and that as a loss has actually happened whilst his wrongful act was in operation and force, and which is attributable to his wrongful act, he cannot set up as an answer to the action the bare possibility of a loss, if his wrongful act had never been done. It might admit of a different construction if he could show, not only that the same loss might have happened, but that it...