An Essay on the Law of Bailments |
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Page 48
... , than frequently to be bound by duties without knowing the nature or extent of them , and to enjoy rights of which we have no just idea ? Nor must must it ever be forgotten , that the con- tracts 1 BAILMENTS . THE LAW OF.
... , than frequently to be bound by duties without knowing the nature or extent of them , and to enjoy rights of which we have no just idea ? Nor must must it ever be forgotten , that the con- tracts 1 BAILMENTS . THE LAW OF.
Page 48
... bound to use them , or to be answer- able for the omission of them . When the contract is reciprocally bene- [ 10 ] ficial to both parties , the obligation hangs in an even balance ; and there can be no reason to recede from the ...
... bound to use them , or to be answer- able for the omission of them . When the contract is reciprocally bene- [ 10 ] ficial to both parties , the obligation hangs in an even balance ; and there can be no reason to recede from the ...
Page 48
... his contract , it is not only reasonable , that he who receives the benefit should bear the burden , but if he were not obliged to be . more more than ordinarily careful , and bound to answer even '10 THE LAW OF BAILMENTS .
... his contract , it is not only reasonable , that he who receives the benefit should bear the burden , but if he were not obliged to be . more more than ordinarily careful , and bound to answer even '10 THE LAW OF BAILMENTS .
Page 48
William Jones. more than ordinarily careful , and bound to answer even for slight neglect , few men ( for acts of pure generosity and friendship are not here to be supposed ) would part with their goods for the mere advantage of another ...
William Jones. more than ordinarily careful , and bound to answer even for slight neglect , few men ( for acts of pure generosity and friendship are not here to be supposed ) would part with their goods for the mere advantage of another ...
Page 48
... and a man of genius . ( 4 ) See Vinn . in Instit . lib . 1. tit . 2. and Gib bon's Dec. and Fall Rom . Emp . 8vo . edit . vol . 8 . c . 44. p . 17. 49 . torted torted , it could not have bound the sons of 12 THE LAW OF BAILMENTS .
... and a man of genius . ( 4 ) See Vinn . in Instit . lib . 1. tit . 2. and Gib bon's Dec. and Fall Rom . Emp . 8vo . edit . vol . 8 . c . 44. p . 17. 49 . torted torted , it could not have bound the sons of 12 THE LAW OF BAILMENTS .
Other editions - View all
An Essay on the Law of Bailments William Jones,John Balmanno,Baron Robert Raymond Raymond No preview available - 2015 |
An Essay On the Law of Bailments William Jones,John Balmanno,Baron Robert Raymond Raymond No preview available - 2018 |
Common terms and phrases
accident ancient answer assumpsit authority bailee bailor borrower bound Bracton BRUN Caius canals carriage cerning charge chargeable chest Chief Justice cited civil Coggs common carrier contract court culpa custody damage defendant degree of diligence delivered demanded deposit depositary Detinue difference diligentiam distinction doctrine Donellus English law Essay fraud gross neglect hire hirer horse Hywel Dda Inland Navig jurisprudence Justinian justly keep learned lender levissima liable Lord Coke Lord Holt loss mandatary ment nations negligence neral obligation occasioned omission operis opinion ordinary diligence ordinary neglect owner party pawn pawnee perform person plaintiff pledge POTHIER principles Puffendorf quidam Raym reason recompence remark responsible restore reward robbed robbery Roman law Rome rule safely Salk seems Sir Edward Coke Sir William Jones slight neglect sort of bailment Southcote's species stolen swerable Term Rep thing bailed tion trust Ulpian undertaking Vide Vinnius words
Popular passages
Page xviii - And this is a politic establishment, contrived by the policy of the law, for the safety of all persons, the necessity of whose affairs oblige them to trust these sorts of persons, that they may be safe in their ways of dealing...
Page 104 - Of law there can be no less acknowledged, than that her seat is the bosom of God, her voice the harmony of the world ; all things in heaven and earth do her homage, the very least as feeling her care, and the greatest as not exempted from her power...
Page viii - The second sort is, when goods or chattels that are useful are lent to a friend gratis, to be used by him; and this is called commodatum, because the thing is to be restored in specie. The third sort is when goods are left with the bailee to be used by him for hire...
Page xii - As to the second sort of bailment, viz. commodatum, or lending gratis, the borrower is bound to the strictest care and diligence to keep the goods, so as to restore them back again to the lender ; because the bailee has a benefit by the use of them, so as if the bailee be guilty of the least neglect he will be answerable...
Page xvii - As to the fifth sort of bailment, viz. a delivery to carry or otherwise manage, for a reward to be paid to the bailee, those cases are of two sorts ; either a delivery to one that exercises a public employment, or a delivery to a private person. First, if it be to a person of the first sort, and he is to have a reward, he is bound to answer for the goods at all events.
Page xiv - But if the bailee put his horse in the stable, and he were stolen from thence, the bailee shall not be answerable for him. But if he or his servant leave the house or stable doors open, and the thieves take the opportunity of that and steal the horse, he will be chargeable, because the neglect gave the thieves the occasion...
Page xviii - The law charges this person thus intrusted to carry goods, against all events but acts of God and of the enemies of the king. For though the force be never so great, as if an irresistible multitude of people should rob him, nevertheless he is chargeable. And this is a...
Page ix - The fifth sort is, when goods or chattels are delivered to be carried, or something is to be done about them for a reward to be paid by the person who delivers them to the bailee, who is to do the thing about them.
Page 69 - And if a man borrow ought of his neighbour, and it be hurt, or die, the owner thereof being not with it, he shall surely make it good.
Page xix - As to the sixth sort of bailment, it is to be taken, that the bailee is to have no reward for his pains, but yet that by his ill management the goods are spoiled. Secondly, it is to be understood, that there was a neglect in the management. But thirdly, if it had appeared that the mischief happened by any person that met the cart in the way, the bailee had not been chargeable. As if a drunken man had come by in the streets, and had pierced the cask of brandy : in this case the defendant had not been...