An Essay on the Law of Bailments |
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Page 14
... common ftock , the personal convenience and profit of every member of the community are more than proportion- ably increased . A solicitude to reduce animal labour within mode- rate and reasonable limits , is not merely to be recom ...
... common ftock , the personal convenience and profit of every member of the community are more than proportion- ably increased . A solicitude to reduce animal labour within mode- rate and reasonable limits , is not merely to be recom ...
Page 37
... dark and super- stitious age , may fairly account even for the ab- horrence with which it was spoken of by our old common lawyers , and for the obstinacy with which they tery of the Byzantine court : it may now be INTRODUCTION . 37.
... dark and super- stitious age , may fairly account even for the ab- horrence with which it was spoken of by our old common lawyers , and for the obstinacy with which they tery of the Byzantine court : it may now be INTRODUCTION . 37.
Page 48
... common prudence and capable of governing a family takes of his own concerns , is a proper measure of that which would uni- formly be required in performing every contract , if there were not strong reasons for exacting in some of them a ...
... common prudence and capable of governing a family takes of his own concerns , is a proper measure of that which would uni- formly be required in performing every contract , if there were not strong reasons for exacting in some of them a ...
Page 48
... common honesty . This known , or fixed , point of negligence is therefore a mean between fraud and accident ; and , as the increasing series continually approaches to the first extreme , without ever becom- ing precisely equal to it ...
... common honesty . This known , or fixed , point of negligence is therefore a mean between fraud and accident ; and , as the increasing series continually approaches to the first extreme , without ever becom- ing precisely equal to it ...
Page 48
... common sense , however inattentive , and of such as a very cautious and vigilant man , respectively take of their own pos- sessions . The constant , or fixed mode of default I likewise call ORDINARY , not meaning by that epithet to ...
... common sense , however inattentive , and of such as a very cautious and vigilant man , respectively take of their own pos- sessions . The constant , or fixed mode of default I likewise call ORDINARY , not meaning by that epithet to ...
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...