 | Thomas Edward Scrutton - 1885 - 256 str.
...recover at Common law general average contributions2. Lawrence, J. defines a general average loss as "all loss which arises in consequence of extraordinary...incurred, for the preservation of the ship and cargo," and this " must be borne proportionably by all who are interested3." Since then the law on the subject,... | |
 | Charles McArthur - 1885 - 390 str.
...implied (d) " Lcije llhodid ccmtur, ut, si lc- condition of the policy before the LEADING PRINCIPLES. extraordinary sacrifices made or expenses incurred, for the preservation of the ship and cargo, comes within general average, and must be borne proportionably by all who are interested " (/). A loss,... | |
 | Association for the Reform and Codification of the Law of Nations. Conference - 1886 - 214 str.
...mercantile lawyers who has ever adorned our profession in this country. His proposition is thus expressed : "All loss which arises in consequence of extraordinary...cargo come within general average, and must be borne proportionably by all who are interested." This proposition, read with regard to expenses, will read... | |
 | Thomas Edward Scrutton - 1886 - 382 str.
...who is liable for his acts (c) unless protected by exceptions (d). Article 108.—General Average. All loss which arises in consequence of extraordinary...made or expenses incurred for the preservation of Wallace v. Fielden (1851), 7 Moore, PC 398 ; The Onward, vide supra. Kleinwort v. Cassa Marittima (1877),... | |
 | Association for the Reform and Codification of the Law of Nations. Conference - 1887 - 774 str.
...General Average given by Lawrence, J., in Birkley v. Presgrave, i East, 220, which was as follows :—" All loss which arises in consequence of extraordinary...the ship and cargo, come within General Average." ( 3 ) Da Costa v. Newham, 2 TR 407; Williams v. London Assurance Co., I M. & S. 318; Price v. Noble,... | |
 | Richard Lowndes - 1888 - 802 str.
...be borne pro raid. 'All loss,' says Mr. Justice Lawrence, in the case of Birkleg v. Presgrave (k), ' which arises in consequence of extraordinary sacrifices...made or expenses incurred for the preservation of ship and cargo comes within general average, and must bo borne proportionately by all whe are interested.'... | |
 | Robert Phillimore - 1889 - 930 str.
...registered."] (q) The M$far& (1858), Swabey, Adm. Rep. p. 302. (r) According to the English Law, " All loss which arises in consequence of extraordinary...cargo, come within general average, and must be borne proportionably by all who are interested." — Birkley v. Presgrave, 1 East, Rep. p. 220. It has been... | |
 | Robert Phillimore - 1889 - 934 str.
...registered."] (<l) The Milfwd (1853), Svoabey, Adm. Rep. p. 3G2. (r) According to the English Law, " All loss which arises in consequence of extraordinary...the preservation of the ship and cargo, come within ycneral average, and must be borne proportionably by all who are interested." — liirklcij v. JVc*/rart',... | |
 | Frederick Pollock, Robert Campbell, Oliver Augustus Saunders, Arthur Beresford Cane, Edward Potton, Joseph Gerald Pease, William Bowstead - 1894 - 868 str.
...out of the CUBTIS. common course. LAWRENCE, J. translates the definition of Pothier : he says, that all loss which arises in consequence of extraordinary...cargo, come within general average, and must be borne proportionably by all who are interested ; and that natural justice requires this. Suppose a ship,... | |
 | Joshua Williams, Thomas Cyprian Williams - 1894 - 720 str.
...save the ship, is the simplest instance of a case of general average (r). But the principle extends to all loss which arises in consequence of extraordinary...incurred for the preservation of the ship and cargo (s). The Lien for shipowner has a lien on cargo liable to contribution for general average (t). But... | |
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All loss which arises in consequence of extraordinary sacrifices made or expenses incurred for the preservation of the ship and cargo come within general average, and must be borne proportionably by all who are interested. 
