Essays and Lectures Upon Some Legal Effects of War |
Kirjan sisältä
Sivu 18
It is quite possible that the result of action under this provision may be that the
deportee from the force of circumstances may be compelled to disembark in the
country to which the Government wish him to go4 . ' One of the few disabilities of
an ...
It is quite possible that the result of action under this provision may be that the
deportee from the force of circumstances may be compelled to disembark in the
country to which the Government wish him to go4 . ' One of the few disabilities of
an ...
Sivu 23
It does not appear what the action was for , but ' alien enemy ' was held a good
plea in abatement . DEFINITIONS OF ALIEN ENEMY . Any definition of an ' alien
enemy , ' if it is to be of any use at all , should state clearly the point of view from ...
It does not appear what the action was for , but ' alien enemy ' was held a good
plea in abatement . DEFINITIONS OF ALIEN ENEMY . Any definition of an ' alien
enemy , ' if it is to be of any use at all , should state clearly the point of view from ...
Sivu 28
The third is an Alien which is born out of the ligeance of our Sovereign Lord the
King ; if such Alien will sue an action real or personal , the Tenant or Defendant
may say , that he was born in such a country which is out of the King ' s
Allegiance ...
The third is an Alien which is born out of the ligeance of our Sovereign Lord the
King ; if such Alien will sue an action real or personal , the Tenant or Defendant
may say , that he was born in such a country which is out of the King ' s
Allegiance ...
Sivu 29
... turns upon whether a state of war is a question of fact or depends upon a
formal declaration , but it is agreed that an action of Dette sur Obligacioun will not
lie at the suit of an alien born under the allegiance of an enemy of the king .
... turns upon whether a state of war is a question of fact or depends upon a
formal declaration , but it is agreed that an action of Dette sur Obligacioun will not
lie at the suit of an alien born under the allegiance of an enemy of the king .
Sivu 30
... a denizen ; and in 1589 we find the plea of alien enemy successful in defeating
in an action of debt an alien enemy administratrix , ' for the Court ... century it was
clearly recognized that the plea of alien enemy was good in personal actions .
... a denizen ; and in 1589 we find the plea of alien enemy successful in defeating
in an action of debt an alien enemy administratrix , ' for the Court ... century it was
clearly recognized that the plea of alien enemy was good in personal actions .
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Essays and Lectures Upon Some Legal Effects of War Arnold Duncan McNair Baron McNair Rajoitettu esikatselu - 1920 |
Yleiset termit ja lausekkeet
action alien enemy allied allowed already Amendment apply arising attempt August authority become benefit Board born British subject carrying on business cause certificate Chapter character claim clause condition consider contained continued contract corporation Court of Appeal decision defendant discharge discussed effect enemy country enemy resident England English entered entitled existence expression fact firm foreign further German give Government ground happened held House of Lords illegal impossibility intercourse interest internment judgment King Limited Lord loss marine means merely naturalization necessary neutral obligation obtain operations opinion Orders in Council outbreak outbreak of war parties peace performance person plaintiff plea plead position present principles Proclamation prohibition protection provisions question reason recent referred regard relation respect risks rule says share ship status supra suspension territory tion Trading transaction underwriters unless voyage
Suositut otteet
Sivu 140 - ... 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.
Sivu 77 - The principle seems to us to be, that in contracts in which the performance depends on the continued existence of a given person or thing, a condition is implied that the impossibility of performance, arising from the perishing of the person or thing, shall excuse the performance.
Sivu 76 - There seems no doubt that where there is a positive contract to do a thing, not in itself unlawful, the contractor must perform it or pay damages for not doing it, although in consequence of unforeseen accidents, the performance of his contract has become unexpectedly burthensome or even impossible.
Sivu 142 - Warranted free of capture, seizure, arrest, restraint, or detainment, and the consequences thereof or of any attempt thereat (piracy excepted) , and also from all consequences of hostilities or warlike operations whether before or after declaration of war.
Sivu 73 - The material resolution of the court was, 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 ; " 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...
Sivu 1 - Majesty's allegiance if bom in a place where by treaty, capitulation, grant, usage, sufferance, or other lawful means, His Majesty exercises jurisdiction over British subjects.
Sivu 81 - The commercial frustration of an adventure by delay means, as I understand it, the happening of some unforeseen delay without the fault of either party to a contract, of such a character as that by it the fulfilment of the contract, in the only way in which fulfilment is contemplated and practicable, is so inordinately postponed that its fulfilment when the delay is over will not accomplish the only object or objects which both parties to the contract must have known that each of them had in view...
Sivu 130 - ... with the advice of our privy council, to issue this our royal proclamation, hereby...
Sivu 70 - The prohibition of intercourse with alien enemies rests upon public policy, and we can see no ground either on principle or authority for holding that a transaction between an alien enemy and a British subject which might result in detriment to this country or advantage to the enemy is permissible because it cannot be brought within the definition of a commercial transaction.
Sivu 1 - British subjects. (2) A person born on board a foreign ship shall not be deemed to be a British subject by reason only that the ship was in British territorial waters at the time of his birth.