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Home > A Practical and Elementary Abridgment of the Cases Argued and Determined in the Courts of King's Bench Volume 11; Common Pleas, Exchequer, and at Nisi Prius and of the Rules of Court, from the Restroation in 1660, to Michaelmas Term, 4 Geo. IV. wit: (English)
A Practical and Elementary Abridgment of the Cases Argued and Determined in the Courts of King's Bench Volume 11; Common Pleas, Exchequer, and at Nisi Prius and of the Rules of Court, from the Restroation in 1660, to Michaelmas Term, 4 Geo. IV. wit: (English)

A Practical and Elementary Abridgment of the Cases Argued and Determined in the Courts of King's Bench Volume 11; Common Pleas, Exchequer, and at Nisi Prius and of the Rules of Court, from the Restroation in 1660, to Michaelmas Term, 4 Geo. IV. wit: (English)

          
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1831 Excerpt: ...was upon the true construction and meaning of the words " free from average unless general or the ship be stranded;" whether the plaintiff, as there had been a general average, could under the circumstances recover in this action for the damage of 561. 19s. 8d. per cent, partial average, though the ship had not been stranded. After two arguments tho Court gave judgment for the defendant. Lord Mansfield. Policies of insurance according to their present form arc very irregular and confused; an ambiguity arises in them from using the same words in different senses, particularly in the use of the word average. It is used to signify a contribution to a general loss, and it is also used to signify a particular partial loss. But whether it be considered in one or other of these senses, it will not avail the plaintiff in this case; for if it here signify contribution, the insurer is to be free from contribution unless the contribution be general. If it signify loss, then plainly it is warranted free from all particular loss. The insurer is liable to all losses arising from the ship's being stranded, and in all cases where there is a general average, but all other partial losses are excluded by the express terms of the policy; the word unless means the same as except, and never can be construed as a condition, in the sense that the counsel for the plaint ill's would put upon the word condition, namely, lobe free from partial loss unless in two events, viz. a general average, or the stranding of the ship; but if either of those events did happen, then to be liable to all other average. The words " free from average unless general," can never mean to leave the insurer liable to any particular damage. It is clear then that the plaintiff ought not to...


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Product Details
  • ISBN-13: 9781150252600
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 424
  • Series Title: English
  • Weight: 753 gr
  • ISBN-10: 115025260X
  • Publisher Date: 01 May 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Spine Width: 22 mm
  • Width: 189 mm


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A Practical and Elementary Abridgment of the Cases Argued and Determined in the Courts of King's Bench Volume 11; Common Pleas, Exchequer, and at Nisi Prius and of the Rules of Court, from the Restroation in 1660, to Michaelmas Term, 4 Geo. IV. wit: (English)
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A Practical and Elementary Abridgment of the Cases Argued and Determined in the Courts of King's Bench Volume 11; Common Pleas, Exchequer, and at Nisi Prius and of the Rules of Court, from the Restroation in 1660, to Michaelmas Term, 4 Geo. IV. wit: (English)
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A Practical and Elementary Abridgment of the Cases Argued and Determined in the Courts of King's Bench Volume 11; Common Pleas, Exchequer, and at Nisi Prius and of the Rules of Court, from the Restroation in 1660, to Michaelmas Term, 4 Geo. IV. wit: (English)

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