Reports of the Exchequer Court of Canada Volume 5

Reports of the Exchequer Court of Canada Volume 5

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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. 1897 edition. Excerpt: ...taken of the master to extort from him terms that are not fair and just. It rarely happens that the master of a vessel in distress and need of assistance is on equal terms with those offering to aid him. Sometimes in such cases he is compelled to accede to unreasonable demands by threats openly made to leave him unless he agrees to the terms ofiered to him. At other times although no such threat is openly made he is subject to a like and equally effective compulsion to agree to terms that are unfair and unjust, because of the circumstances in which he finds himself. Again, he may recklessly, or through ungrounded fears, accede to demands manifestly exorbitant. In all such cases the agreement will be disregarded (1). The same rules are followed in the courts of the United States. Where such agreements are fairly made, no advantage being taken of ignorance or distress, they are to be upheld (2). But while Courts of Admiralty will enforce contracts made for salvage service and salvage compensation, where the salvor has not taken advantage of his power to make an unreasonable bargain, they Will not tolerate the doctrine that a salvor can take advantage of his situation and avail himself of the calamities of others to drive a United States courts have perhaps been more ready than English courts are to disregard such agreements, and that tendency finds expression occasionally in the terms in which the rules applicable to such cases are laid down. English courts do not lightly encroach upon the old rule of the Admiralty Court, that Where there is an agreement made by competent persons, and there is no misrepresentation of facts, the agreement ought to be upheld unless th ere is something very strong to show that it is inequitable. (Per...show more

Product details

  • Paperback | 144 pages
  • 189 x 246 x 8mm | 268g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236934652
  • 9781236934659