Columbia Law Review Volume 2

Columbia Law Review Volume 2

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1902 edition. Excerpt: ...voyages, each with its own incidents and entitled to its separate accounts and collections from the component interests as they exist together on that single voyage. This applies also to ships that load at successive ports. The cargo received at the fourth port is entitled to hold the owner to the full warranty of seaworthiness there, and the shipowner cannot go back to the first port, and prove that then the voyage began for all interests, and that then his ship was in a seaworthy condition. The sound doctrine declared in the United States is that each voyage or trip, each separate journey which the ship makes from one port to another, must be treated as a separate venture, involving its own separate hazards, losses, and earnings.' Notwithstanding this advantage in clearness and precision in regarding the rights to settle the average as enforcible at the first port of separation, this view is not accepted in England. Mr. Carver in his Carriage by Sea prefers the last port. His reasoning is that shippers to the first port are not entitled to regard all the coadventures as though they were also shippers to the same port. "The difference is far broader; it is that between owners of goods which have, and have not, accomplished the adventure." He therefore concludes that in this conflict the contribution should be in proportion to benefit, from which he reasons that the adjustment should take place at the end of the voyage, on the basis of arrived values as then ascertained." Lowndes is very undecided, and lays stress on the difliculties of fixing the place of adjustment in the absence of a legal adjudication of the question.' Mr. Gow, ' and the seventh edition of Arnould's Treatise on Insurance treat the...
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Product details

  • Paperback | 252 pages
  • 189 x 246 x 13mm | 458g
  • United States
  • English
  • black & white illustrations
  • 1236805348
  • 9781236805348