The Law Quarterly Review, Volume 2Frederick Pollock Stevens and Sons, 1886 |
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Página 36
... principle to the contract in the case of Hart v . Miles , we see that , according to the views of Roman law , the transaction is not a depositum but a mandatum , for the defendant who retains the bills . is under the special obligation ...
... principle to the contract in the case of Hart v . Miles , we see that , according to the views of Roman law , the transaction is not a depositum but a mandatum , for the defendant who retains the bills . is under the special obligation ...
Página 52
... principle . But the ground on which a rule of strict obligation has been maintained and consolidated by modern authorities is the magnitude of the danger , coupled with the difficulty of proving negligence as the specific cause , in the ...
... principle . But the ground on which a rule of strict obligation has been maintained and consolidated by modern authorities is the magnitude of the danger , coupled with the difficulty of proving negligence as the specific cause , in the ...
Página 54
... principle just . The person whose grass or corn is eaten down by the escaping cattle of his neighbour , or whose mine is flooded by the water from his neighbour's reservoir , or whose cellar is invaded by the filth of his neighbour's ...
... principle just . The person whose grass or corn is eaten down by the escaping cattle of his neighbour , or whose mine is flooded by the water from his neighbour's reservoir , or whose cellar is invaded by the filth of his neighbour's ...
Página 58
... principle a railway company authorized by Parliament to use locomotive engines on its line is bound to take all reasonable measures of precaution to prevent the escape of fire from its engines , but is not bound to more . If ...
... principle a railway company authorized by Parliament to use locomotive engines on its line is bound to take all reasonable measures of precaution to prevent the escape of fire from its engines , but is not bound to more . If ...
Página 59
... principle . cases of We shall now shortly notice the authorities , antecedent to or Other independent of Rylands v . Fletcher , which establish the rule of abso- insurance lute or all but absolute responsibility for certain special ...
... principle . cases of We shall now shortly notice the authorities , antecedent to or Other independent of Rylands v . Fletcher , which establish the rule of abso- insurance lute or all but absolute responsibility for certain special ...
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Palavras e frases frequentes
according action Admiralty adopted appears applied arising authority bailee bailment bills of exchange bottomry Bracton cause Code codification common carrier Common Law constitution contract conveyance Court of Appeal crime criminal culpa custodia damage deal decision deeds delivery discussion doctrine doubt duty edition effect England English law evidence existing fact favour fee simple German give given Government heir House of Lords Imperial Parliament interest Ireland Irish judge judgment judicial jury Justice land lawyers legislation liability lien Lord maritime lien matter ment mortgage nature negligence notice object offence opinion ordinary owner parties passed person plaintiff possession practical present principle proposed provisions purchaser question reason reference regard Roman law Roman-Dutch law rule Sachsenspiegel seems seisin settlement ship statute tenant thing tion transfer treatise trustees Ulpian words
Passagens conhecidas
Página 54 - We think that the true rule of law is that the person who, for his own purposes, brings on his land and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril ; and if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.
Página 502 - Surprisals, Takings at Sea, 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...
Página 409 - Britain; and that the King's Majesty, by and with the advice and consent of the Lords spiritual and temporal and Commons of Great Britain in Parliament assembled, had, hath and of right ought to have, full power and authority to make laws and statutes of sufficient force and validity to bind the colonies and people of America, subjects of the Crown of Great Britain in all cases whatsoever.
Página 205 - literary and artistic works " comprehends books, pamphlets, and all other writings ; dramatic, or dramatico-musical works, musical compositions with or without words ; works of design, painting, sculpture, and engraving ; lithographs, illustrations, geographical charts ; plans, sketches, and plastic works relative to geography, topography, architecture, or science in general ; in fact, every production whatsoever in the literary, scientific, or artistic domain which can be published by any mode of...
Página 171 - A fugitive criminal shall not be surrendered if the offence in respect of which his surrender is demanded is one of a political character...
Página 206 - In order that the authors of works protected by the present Convention shall, in the absence of proof to the contrary, be considered as such, and be consequently admitted to institute proceedings against pirates before the Courts of the various countries of the Union, it will be sufficient that their name be indicated on the work in the accustomed manner.
Página 205 - As regards the liberty of extracting portions from literary or artistic works for use in publications destined for educational or scientific purposes, or for chrestomathies, the matter is to be decided by the legislation of the different countries of the Union, or by special arrangements existing or to be concluded between them.
Página 54 - If a person brings or accumulates on his land anything which, if it should escape, may cause damage to his neighbour, he does so at his peril If it does escape, and cause damage, he is responsible, however careful he may have been, and whatever precautions he may have taken to prevent the damage.
Página 209 - ... the number of units by which the total expense is to be divided. The quotient will give the amount of the unit of expense. (4) Each country shall declare, at the time of its accession, in which of the said classes it desires to be placed, but it may subsequently declare that it wishes to be placed in another class.
Página 60 - ... a person keeping a mischievous animal, with knowledge of its propensities, is bound to keep it secure at his peril, and that, if it does mischief, negligence is presumed without express averment.