Commentaries on the Law of Bailments: With Illustrations from the Civil and the Foreign Law

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C. C. Little and J. Brown, 1840 - 621 páginas
 

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Obligations of Bailee in different sorts of Bailments Difference of Legal and Moral Obligation
9
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 a The same subject 20 b The same subject
20
The same subject
21
The same subject
22
Degree of Diligence required in different sorts of Bailments at
23
Exception in cases of Special Contract
31
Bailee cannot contract against his own Fraud
32
Responsibility of Bailee may be enlarged by Special Contract
33
So by the Civil Law 35 Effect of Special Contract to keep safely whether Bailee is liable for Robbery or Theft
35
Or in such case liable 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
40
Definitions of Deposits
41
The same subject
42
From what the word is derived
43
Division of Deposits into Voluntary and Necessary 44 a Involuntary Deposits what
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 arising from Natural
48
Divisions of the subject
49
By and between what persons the contract of Deposit may
50
What may be the Subjectmatter 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 of
55
The same subject Delivery to keep the thing
56
The same subject Custody must be gratuitous
57
The same subject Delivery must be to a third person
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The same subject The Contract must be voluntary and not by mis
59
Obligations of Depositaries To keep with care and to restore on request
61
What is Keeping with reasonable Care What degree of Diligence required of Depositary
62
Whether sufficient for the Depositary to keep as he keeps his own goods
63
The same subject 64 a The same subject
64
The same subject Rules in the Civil Law 65 a The same subject
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
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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
Bank Deposits General and Special Embezzlement by Officers of the Bank
88
Use of Deposit how far Depositary may use
89
The same subject at the Common
90
Common
100
Case of Kemp v Coughtry 11 Johns R 107
107
Consideration of this case
133
HIRE OF LABOR AND SERVICES
254
Locatio Operis Division
280
The same subject
285
ART IV
286
What are Perils of the Sea 513 Destruction by Rats
288
CARRIAGE OF GOODS 457 Contract of Carriage of Goods general Nature of 458 The Civil Law as to Carriers and others 459 The Common Law di...
297
EXCEPTED CASES OF HIRE 460 Enumeration of Excepted Cases from the common Doctrine as to Hire ART VI
299
take
302
Reasons for the peculiar Liability of Innkeepers in the Civil Law 465 Extent of their Responsibility by the Civil Law 466 Innkeepers responsible for t...
302
Innkeepers not responsible to the same Extent as Common Carriers
307
Doctrine of Average and Contribution
322
Liability of Common Carriers by the Civil Law 489 Liability by the Common
328
Gross Negligence 519 u Loss by fraud at sea 520 Case of Loss by Striking on the Bottom whether a Peril of the Sea 521 Loss by Press of Sail when a ...
329
What are Losses by Kings Enemies 527 Jettison by Compulsion of an Enemy
337
In what cases Carriers are liable though free from Negligence 529 Onus Probandi on whom 530 In respect to Property carried Goods thrown overbo...
339
Reasons for Extraordinary Liability 491 The same subject 491 a Exceptions to the rule 492 General Liability of Carriers
340
The same subject 540 The same subject 541 The same subject 542 The same subject 543 Whether the Carrier is bound to make a Personal Delivery o...
345
Effect of Special Contracts and Notices of Carriers
350
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 LocatioConductio Definition
368
Parties Denomination of in Common Civil and Foreign
369
Division of Contract of Hire into four kinds 370 a Cases of regular hire and irregular hire what
370
Nature of the Contract
371
Essence of the Contract
372
The same subject What may be let 373 a The same subject Use by the Hirer
373
The same subject Price
374
The same subject
375
a Duties of Passengers
375
The same subject 376 The same subject Pecuniary Recompense
376
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 ART I
382
Obligations and Duties in cases of Hire of Things
383
Delivery of the Thing 384 a The same subject What excuses nondelivery
384
Obstruction to
385
Sale by the Letter
386
Warranty of Title
387
Rule relaxed in England 294 Divisions of the subject
391
Hirer to maintain Animals hired
393
What by the Common
399
And in the Civil Law 25 Bailees not generally liable for inevitable accident what is such Irresistible force what
401
Duty of Hirer in respect to Animals hired
405

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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 - 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.
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...

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