An Essay On Average: And On Other Subjects Connected With the Contract of ...
An Essay On Average: And On Other Subjects Connected With the Contract of ...
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To quickly assess the difficulty of the text, read a short excerpt:
One thing the arbitrator should most carefrilly attend to, which is, — never to suffar hifr reasons to appqar xm the ^ard, nor, (if posable to avoid . it,) to be knowk ; they fihould be, if only from prudential motives, for ever locked up in his own breast ; and he is not compellable by law or equity to discover, them ^ ; according f 5 Adc. 644. & ut sup. S 1.
Digitized by VjOOQiC 272 OOP ARBITRATIOK.
to the definition before given» — ^that he is an arbitrary judge, from whose sentence there li...es ff El. Jut I. iv. no appeal s.
I. «. ^ 31.
The first and the principal object which the arbitrator should have in view, after that of mak^ iog a just, true, and conscientious award, is that of making stsch an one as will stand good in law.
The olgect of the autlu»r, in the remainder of this article, will be to endeavour to facilitate that end.
. Aopording to what has been said above, the FIRST EULE is, — ^that the award shall be made strictly in conformity to the submission; for this, and this alone, must determine the in- tration of the parties ; and although it is a ge- neral rule that, — ^* omne actum ab agentis inten^ tione est judicandum,'\ and in all contracts Ute law looks to the intention of the parties, — yet it is only from the words of the instrument, that the arbitrator will be allowed, in making his award, to judge of that intention ; any eiqdana- tion therefore, that the parties themselves may give of their intentions, i^ such explanation at all differ from the words of the submission, must stand for nothing; for the arlntrator's power Digitized by VjOOQiC OF ABBITBATION.
What to read after An Essay On Average: And On Other Subjects Connected With the Contract of ...?
You can find similar books in the "Read Also" column, or choose other free books by Robert Stevens to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
One thing the arbitrator should most carefrilly attend to, which is, — never to suffar hifr reasons to appqar xm the ^ard, nor, (if posable to avoid . it,) to be knowk ; they fihould be, if only from prudential motives, for ever locked up in his own breast ; and he is not compellable by law or equity to discover, them ^ ; according f 5 Adc. 644. & ut sup. S 1.
Digitized by VjOOQiC 272 OOP ARBITRATIOK.
to the definition before given» — ^that he is an arbitrary judge, from whose sentence there li...es ff El. Jut I. iv. no appeal s.
I. «. ^ 31.
The first and the principal object which the arbitrator should have in view, after that of mak^ iog a just, true, and conscientious award, is that of making stsch an one as will stand good in law.
The olgect of the autlu»r, in the remainder of this article, will be to endeavour to facilitate that end.
. Aopording to what has been said above, the FIRST EULE is, — ^that the award shall be made strictly in conformity to the submission; for this, and this alone, must determine the in- tration of the parties ; and although it is a ge- neral rule that, — ^* omne actum ab agentis inten^ tione est judicandum,'\ and in all contracts Ute law looks to the intention of the parties, — yet it is only from the words of the instrument, that the arbitrator will be allowed, in making his award, to judge of that intention ; any eiqdana- tion therefore, that the parties themselves may give of their intentions, i^ such explanation at all differ from the words of the submission, must stand for nothing; for the arlntrator's power Digitized by VjOOQiC OF ABBITBATION.
What to read after An Essay On Average: And On Other Subjects Connected With the Contract of ...?
You can find similar books in the "Read Also" column, or choose other free books by Robert Stevens to read onlineMoreLess
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