Commentaries on the Law of Contracts; Being a Consideration of the Nature and General Principles of the Law of Contracts and Their Application in Various Special Relations Volume 5

Commentaries on the Law of Contracts; Being a Consideration of the Nature and General Principles of the Law of Contracts and Their Application in Various Special Relations Volume 5

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 edition. Excerpt: ...between deviation and a change of voyage). "Lawrence v. Ocean Ins. Co., 11 Johns. (N. Y.) 241, affd. in 14 Johns. (N. Y.) 46. See also, Winter v. Delaware Mut Safety Ins. Co., 30 Pa. St. 334 (Where a policy on goods covers both a land and sea transit, the terminus ad quem of the sea voyage only should be considered.); Simon v. Sedgwick, 4 Rep. 128 (1893), 1 Q. B. 303, 62 L. J-Q. B. 163.,7Arnold v. Pac. Mut. Ins. Co., 78 N. Y. 7; Middlewood v. Blakes, 7 departure from the express or implied terms of the policy must result from necessity, and there must be no unnecessary waste of time or needless divergence, --that is, if the ship leave the prescribed course from necessity, she must pursue such new voyage of necessity in the direct course, and in the shortest time, or the underwriters will be released.00 4460. Restraint justifying deviation.--The restraint which will excuse a deviation may be either moral or physical in its character, if it be sufficient in degree.91 It may be the act of a mutinous crew which compels the vessel to return to port,92 or the act of a naval cruiser carrying a neutral ship out of her course and detaining her for a number of weeks far beyond the limits allowed by the policy for the voyage.9S But in such cases it must appear that a degree of force was exercised toward the captain which either physically he could not resist, or morally as a good subject, he ought not to resist.04 A deviation may be excused by causes short of restraint, but the general rule is, that it cannot be justified unless the state of circumstances be such as to leave the master no alternative as a reasonable man acting for the interests of all concerned, and mere problematical apprehension of danger or possible loss is not sufficient.96...show more

Product details

  • Paperback | 548 pages
  • 189 x 246 x 28mm | 966g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236516869
  • 9781236516862