The Revised Reports; Being a Republication of Such Cases in the English Courts of Common Law and Equity

The Revised Reports; Being a Republication of Such Cases in the English Courts of Common Law and Equity : From the Year 1785, as Are Still of Practical Utility Volume 103

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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. 1908 edition. Excerpt: ...whether for voyage or time. The law gives it as a security to the insurer, so that insurance may be a prudent mercantile investment; and not only for that reason, but also as it operates to prevent fraudulent insurance for the purpose of destruction, and the evils that follow in that train. If this be the meaning of this warranty being the basis of the contract, it is not legal reasoning to construe the contract of the insurer, as in Gibson v. Small (1) seems to have been done, to be a wager onthe safety of an unknown ship, leaving it to chance whether at the commencement of the risk she was seaworthy or a drifting hull without mast or anchors, as described by the CHIEF BARON there. Neither is it legal reasoning to exempt the shipowner from the warranty 011 account of a supposed want of knowledge in him. Still less is a court justified in gratuitously assuming, as a fact known in law, that insurers for time have, as a class, less knowledge of the state of their ships than insurers for voyage. With respect to the argument that the warranty of seaworthiness is not required to protect against fraud because that is prevented by the duty of disclosure, I will only observe that, if time policies are to be construed by their written contents alone, there is no authority for importing the duty to disclose from the rules relating to marine insurance, more than the duty to warrant seaworthiness. And, with respect to the argument for annulling the warranty in all time policies, I would observe that the importance of a rule depends on its u.ccordance with the rights of the parties and its analogy to the other parts of the same branch of law. And, for the reasons above assigned, I submit that the proposed rule, though it might be of easy more

Product details

  • Paperback | 422 pages
  • 189 x 246 x 22mm | 748g
  • United States
  • English
  • black & white illustrations
  • 1236962818
  • 9781236962812