Essays and Lectures Upon Some Legal Effects of WarUniversity Press, 1920 - 168 sivua |
Kirjan sisältä
Sivu 31
... action on a bond given , presumably , in time of peace ) Chief Justice Treby held that an alien enemy living here by the King's licence and under his protection may sue although he may have come here since the war without a safe ...
... action on a bond given , presumably , in time of peace ) Chief Justice Treby held that an alien enemy living here by the King's licence and under his protection may sue although he may have come here since the war without a safe ...
Sivu 32
... action will not lie either by or in favour of an alien enemy . ' The proceeds of a judgment , though lawfully intercepted by the British agent , would nevertheless enure to the benefit of the enemy principal . But , it is stated in ...
... action will not lie either by or in favour of an alien enemy . ' The proceeds of a judgment , though lawfully intercepted by the British agent , would nevertheless enure to the benefit of the enemy principal . But , it is stated in ...
Sivu 33
... action was pending at the outbreak of war , and the plaintiff is stated ( pp . 59 and 61 ) to have resided in the United Kingdom . She had complied with the Orders in Council , and the defendant's application to stay all proceedings on ...
... action was pending at the outbreak of war , and the plaintiff is stated ( pp . 59 and 61 ) to have resided in the United Kingdom . She had complied with the Orders in Council , and the defendant's application to stay all proceedings on ...
Sivu 34
... action pending at the date of the outbreak of war . Is such a plaintiff in any better position than one who issues his writ during time of war ? Oppenheim1 states that ' if during time of peace a defendant obtains an opportunity to ...
... action pending at the date of the outbreak of war . Is such a plaintiff in any better position than one who issues his writ during time of war ? Oppenheim1 states that ' if during time of peace a defendant obtains an opportunity to ...
Sivu 35
... action during the war , and Von Hellfeld v . Rechnitzer 2 , where the pleadings were closed on July 31 , 1914 , and the plaintiff , an alien enemy , was not allowed to proceed with his action , is direct authority to the contrary . It ...
... action during the war , and Von Hellfeld v . Rechnitzer 2 , where the pleadings were closed on July 31 , 1914 , and the plaintiff , an alien enemy , was not allowed to proceed with his action , is direct authority to the contrary . It ...
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.