Essays and Lectures Upon Some Legal Effects of War |
Kirjan sisältä
Sivu 8
... British subject is entitled or subject ' ; he acquires ' to all intents and purposes
the status of a natural - born British subject , ' so that he may say Civis Romanus
sum , and if he is a Protestant , may even aspire to becoming Lord Chancellor .
... British subject is entitled or subject ' ; he acquires ' to all intents and purposes
the status of a natural - born British subject , ' so that he may say Civis Romanus
sum , and if he is a Protestant , may even aspire to becoming Lord Chancellor .
Sivu 9
... he became and remained an Austrian subject ) was held to be not entitled to
make a valid declaration of alienage on attaining the age of twenty - one years .
He had been compulsorily enlisted in the British Army when twenty years of age ...
... he became and remained an Austrian subject ) was held to be not entitled to
make a valid declaration of alienage on attaining the age of twenty - one years .
He had been compulsorily enlisted in the British Army when twenty years of age ...
Sivu 11
He had obtained in 1908 from the Commonwealth of Australia a certificate of
naturalization whereby he became ' entitled to all political and other rights ,
powers and privileges ' and became ' subject to all obligations to which a natural
- born ...
He had obtained in 1908 from the Commonwealth of Australia a certificate of
naturalization whereby he became ' entitled to all political and other rights ,
powers and privileges ' and became ' subject to all obligations to which a natural
- born ...
Sivu 18
... what we want to ascertain is the view of our own municipal law . What
guidance will our own law reports give us ? War is a question of fact , and , being
within the prerogative of the Crown , we are entitled to look 1 Commentaries , I .
260 .
... what we want to ascertain is the view of our own municipal law . What
guidance will our own law reports give us ? War is a question of fact , and , being
within the prerogative of the Crown , we are entitled to look 1 Commentaries , I .
260 .
Sivu 22
If he allows them to remain , he is entitled to make restrictions upon their freedom
such as were made under the Aliens Restriction Act , 1914 . Numerous
restrictions were made under this Act by Orders in Council , partly as to all aliens ,
and ...
If he allows them to remain , he is entitled to make restrictions upon their freedom
such as were made under the Aliens Restriction Act , 1914 . Numerous
restrictions were made under this Act by Orders in Council , partly as to all aliens ,
and ...
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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.
Kirjaluettelon tiedot
| Otsikko | Essays and Lectures Upon Some Legal Effects of War |
| Kirjoittaja | Arnold Duncan McNair Baron McNair |
| Kustantaja | University Press, 1920 |
| Alkuperäisteoksen sijainti | Michiganin yliopisto |
| Digitoitu | 15. kesäkuu 2006 |
| Pituus | 168 sivua |
| Vie sitaatti | BiBTeX EndNote RefMan |