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Home > The Revised Reports (Volume 102); 1785-1866: (English)
The Revised Reports (Volume 102); 1785-1866: (English)

The Revised Reports (Volume 102); 1785-1866: (English)

          
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About the Book

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. 1908. Excerpt: ... Pope parties for six successive voyages, if they could be performed within Bavidge. the period limited, but not otherwise. If, in the course of the first voyage, the vessel had been totally lost, the defendant would not have been responsible, since that would have been a case within the exception as to the perils of the seas; then why should not that exception apply to a damage which disables a vessel from performing a subsecpaent voyage? (martin, B.: It might afford an excuse for not performing the voyage in time, but none for not performing it at till. Plait, B.: The case resembles an agreement to build a house, and to complete it within a given time.) Here the stipulation as to time qualifies the contract itself. The charter contains no limitation in respect of demurrage, and the plaintiff might have detained the vessel so long that only one voyage could be performed within the period specified. (martin, B.: There is an absolute contract to perform six voyages, and an undertaking that the party will use due diligence to perform them within the time specified. Alderson, B.: If the parties had intended that the contract should be at an end, if by reason of the perils of the seas the voyages could not be performed in time, they might have said so.) Pollock, C. B.: We (l) are all of opinion that the plaintiffs are entitled to judgment. 1854. The NORTH WESTERN RAILWAY COMPANY v. WHINRAY (2). 77 (10 Ex. 77--83; S. C, 2 C. L. E. 1207; 23 L. J. Ex. 261.) In January, 1851, the defendant, as surety, executed a bond to a Railway Company, which, after reciting that the Compan-had agreed to appoint L. as their clerk or agent, for the purpose of selling coal, at a yearly salary of 100/., was conditioned for the due accounting by L. of all monies received by him fo...


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Product Details
  • ISBN-13: 9781154216707
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 396
  • Series Title: English
  • Weight: 703 gr
  • ISBN-10: 1154216705
  • Publisher Date: 01 Jan 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Spine Width: 21 mm
  • Width: 189 mm


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