Essays and Lectures Upon Some Legal Effects of WarUniversity Press, 1920 - 168 sivua |
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... ( continued ) IV . EFFECT OF WAR ON CONTRACTS - GENERAL PRINCIPLES • • V. WAR - TIME IMPOSSIBILITY OF PERFORMANCE OF CONTRACT VI . ' TRADING WITH THE ENEMY ' AND SOME PAR- TICULAR CONTRACTS - AFFREIGHTMENT- AGENCY - COMPANIES VII . SOME ...
... ( continued ) IV . EFFECT OF WAR ON CONTRACTS - GENERAL PRINCIPLES • • V. WAR - TIME IMPOSSIBILITY OF PERFORMANCE OF CONTRACT VI . ' TRADING WITH THE ENEMY ' AND SOME PAR- TICULAR CONTRACTS - AFFREIGHTMENT- AGENCY - COMPANIES VII . SOME ...
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... continued here by the king's leave and protection without molesting the Government or being molested by it , he may be allowed to sue , for that is consequent on his being in protection ... but an enemy abiding in his own country cannot ...
... continued here by the king's leave and protection without molesting the Government or being molested by it , he may be allowed to sue , for that is consequent on his being in protection ... but an enemy abiding in his own country cannot ...
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... continued to carry on his business until he was similarly arrested and interned in October . A few days before , some foolish youths display their patriotism by smashing up X's shop and doing damage to the extent of £ 50 . Can X sue his ...
... continued to carry on his business until he was similarly arrested and interned in October . A few days before , some foolish youths display their patriotism by smashing up X's shop and doing damage to the extent of £ 50 . Can X sue his ...
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... continued here by the king's leave and protection ... without molesting it or being molested by it , he may be allowed to sue , for that is consequent on his being in protection . ' Certainly a hostile act by A or X would suspend his ...
... continued here by the king's leave and protection ... without molesting it or being molested by it , he may be allowed to sue , for that is consequent on his being in protection . ' Certainly a hostile act by A or X would suspend his ...
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... 2 [ 1915 ] 1 K. B. 857 ( C. A. ) . 3 [ 1915 ] W. N. 44. [ See [ 1916 ] 2 A. C. 307 and remarks in Chapter VI of this book . ] CHAPTER III PROCEDURAL CAPACITY OF ALIEN ENEMIES ( continued ) PROCEDURAL CAPACITY OF ALIEN ENEMIES 45.
... 2 [ 1915 ] 1 K. B. 857 ( C. A. ) . 3 [ 1915 ] W. N. 44. [ See [ 1916 ] 2 A. C. 307 and remarks in Chapter VI of this book . ] CHAPTER III PROCEDURAL CAPACITY OF ALIEN ENEMIES ( continued ) PROCEDURAL CAPACITY OF ALIEN ENEMIES 45.
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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 agent alien enemy allied allowed already Amendment apply arising attempt August authority become benefit Board born branch British subject carrying on business cause character charter charter-party claim clause common 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 Government ground happened held House of Lords illegal impossibility incorporated intercourse interest internment judgment legislation Limited loss marine matter means merely naturalization necessary neutral obtain operations opinion Orders in Council outbreak outbreak of war parties peace performance person plaintiff plea port position present principles Proclamation prohibition provisions question reason recent referred regard relation respect risks rule share ship status supra suspension territory tion Trading transaction United unless voyage
Suositut otteet
Sivu 126 - July, 1919, two Forms of Lloyd's Marine Policy be printed, namely: 'Form "A " with the following Clause inserted: ' Warranted free of any claim based upon loss of, or frustration of, the insured voyage, or adventure, caused by arrests, restraints or detainments of kings, princes or peoples.
Sivu 32 - vice discharge him from the character of an enemy; such as his coming under a flag of truce, a cartel, a pass, or some other act of public authority that puts him in the King's peace pro hoc vice; But otherwise he is totally ex lex.
Sivu 122 - September, 1914, s. 3, defines 'enemy' as (inter alia) 'any person or body of persons of whatever nationality resident or carrying on business in the enemy country....' Presumably this includes a corporation. By the Interpretation Act, 1889, the expression 'person' in an English statute passed after
Sivu 7 - to (3) inclusive, the Home Secretary when 'satisfied' that a case has arisen, 'shall.. .revoke the certificate.' In the remaining cases he must also be satisfied that 'the continuance of the certificate is not conducive to the public good.' In any case he may order an inquiry by the committee constituted by the Act, and in cases
Sivu 43 - Not to pay any sum of money to or for the benefit of an enemy,' it seems impossible to have any doubt on the point. D. Summary. Perhaps it is not too rash to attempt a summary of the present position.
Sivu 9 - a person whose name, when a minor child, was included in a certificate of British naturalization, may within one year after attaining his majority make a declaration of alienage and cease to be a British subject. It will be noted, however, that under section 14, unlike sections 5
Sivu 116 - our Lord one thousand nine hundred and fourteen, and in the Fifth year of Our Reign. God Save the King. CHAPTER VII SOME PARTICULAR CONTRACTS (continued) INSURANCE OF PROPERTY, LIFE INSURANCE, PARTNERSHIP, AND SALE OF GOODS INSURANCE OF PROPERTY. WE shall now attempt, in the brief space that can be allotted to this subject, to state the effect of war
Sivu 122 - September, 1915, and made for the purpose of removing doubts, declares that the expression 'enemy' includes 'any incorporated company or body of persons (whether incorporated) carrying on business in an enemy country or in any territory for the time being in hostile occupation.' The combined effect of these provisions appears to be that the Berlin branch of an English company is pro
Sivu 44 - that, without adopting any continental theories of 'constructive service,' the Court will, whenever reasonably possible, make an order for substituted service. (3) Bankruptcy, (a) As creditor, an alien enemy may prove for a debt, the dividend being either reserved during the war or handed over to the custodian under the Trading with the Enemy Amendment Act, 1914 (Ex parte Boussmaker)
Sivu 120 - accept from the enemy under any such Treaty or Contract any risk arising under any policy or contract of insurance (including re-insurance) made or entered into after the outbreak of war or any share in