Essays and Lectures Upon Some Legal Effects of WarUniversity Press, 1920 - 168 sivua |
Kirjan sisältä
Tulokset 6 - 10 kokonaismäärästä 35
Sivu 71
... performance , and they can have no effect or bearing upon the suspension of a contract at all . That would amount to a confusion of the primary right to performance created by the contract and the secondary right of action which arises ...
... performance , and they can have no effect or bearing upon the suspension of a contract at all . That would amount to a confusion of the primary right to performance created by the contract and the secondary right of action which arises ...
Sivu 76
... performance of the contract by one or both of the parties illegal , for instance , as involving intercourse by a ' British or allied resident ' with an enemy resident . ' Thus in Esposito v . Bowden1 where a 1 ( 1857 ) 7 E. and B. 763 ...
... performance of the contract by one or both of the parties illegal , for instance , as involving intercourse by a ' British or allied resident ' with an enemy resident . ' Thus in Esposito v . Bowden1 where a 1 ( 1857 ) 7 E. and B. 763 ...
Sivu 77
... performance has demanded so much attention of the Courts during the war and bids fair to leave so permanent a mark upon our law that we have considered it deserving of separate treatment in the chapter now immediately following . 1 ...
... performance has demanded so much attention of the Courts during the war and bids fair to leave so permanent a mark upon our law that we have considered it deserving of separate treatment in the chapter now immediately following . 1 ...
Sivu 78
... Performance of Contract , to ascertain where we have got to , and whither we are going . For this purpose it is useful to know where we stood at the outbreak of war , and ... performance depends on the WAR-TIME IMPOSSIBILITY OF PERFORMANCE.
... Performance of Contract , to ascertain where we have got to , and whither we are going . For this purpose it is useful to know where we stood at the outbreak of war , and ... performance depends on the WAR-TIME IMPOSSIBILITY OF PERFORMANCE.
Sivu 79
... performance arising from the perishing of the person or thing shall excuse the performance . ' Thus the first serious breach was made after 200 years in the defences of Paradine v . Jane1 . Four years later Taylor v . Caldwell was ...
... performance arising from the perishing of the person or thing shall excuse the performance . ' Thus the first serious breach was made after 200 years in the defences of Paradine v . Jane1 . Four years later Taylor v . Caldwell was ...
Muita painoksia - Näytä kaikki
Essays and Lectures Upon Some Legal Effects of War Arnold Duncan McNair Baron McNair Rajoitettu esikatselu - 1920 |
Yleiset termit ja lausekkeet
9th September abrogated affreightment alien enemy Aliens Restriction Act allied Amendment Act apply Austria-Hungary authority Bailhache become an enemy British nationality British subject c.i.f. contract Caldwell cargo carrying on business certificate of naturalization Chapter charter-party claim clause common law corporation Court of Appeal Daimler Daimler Co.'s decision defendant disability discharge dominions effect emergency legislation Enemy Act enemy character enemy country Enemy Proclamation enemy property enemy resident enemy subject enemy territory English entitled expression foreign habeas corpus held Home Secretary hostile House of Lords illegal impossibility of performance intercourse internment judgment King's licence Lloyd's Lord Parmoor neutral countries outbreak parties partner payment peace peril plaintiff plea of alien plead Pre-War Contract principles prisoner prisoner of war Proclamation of 9th prohibition provisions question restraint right of action ship shipowner status sued supervening impossibility supra suspension Tamplin's Taylor Thurn and Taxis tion transaction underwriters United Kingdom voyage writ
Suositut otteet
Sivu 142 - ... 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 79 - 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 78 - 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 144 - 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 75 - 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 3 - 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 83 - 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 132 - ... with the advice of our privy council, to issue this our royal proclamation, hereby...
Sivu 72 - 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 3 - 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.