Papers On Maritime Legislation: With a Translation of the German Mercantile ...
Papers On Maritime Legislation: With a Translation of the German Mercantile ...
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The authority of average adjusters may be said to be of an anomalous character. By the consent of ship- owners and merchants they act as a sort of arbitrators in the settlement of matters of average. But they are bound in the ad- justment of such claims to ibllow the law. And in the practice they have adopted, they have not acted or intended to act on or give effect to any mercantile usages, but have intended to give effect to what they believed to be the law j but they have mistaken it.' INTER...NATIONAL LAW OF GENERAL AVERAGE. 260 And after having made the following remark, * If a cnstom pre- vailing in a Court which, though an inferior Court, is still a Court of law, if inconsistent with law cannot prevail, surely the same rule must apply to a practice of average adjusters. When a practice of this kind is brought to the test of a legal decision, and is found to be erroneous and inconsistent with law, it cannot be permitted to override the law and acquire the force of law,' the Lord Chief Justice concludes as follows : — * The case of Stewart v.
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To quickly assess the difficulty of the text, read a short excerpt:
The authority of average adjusters may be said to be of an anomalous character. By the consent of ship- owners and merchants they act as a sort of arbitrators in the settlement of matters of average. But they are bound in the ad- justment of such claims to ibllow the law. And in the practice they have adopted, they have not acted or intended to act on or give effect to any mercantile usages, but have intended to give effect to what they believed to be the law j but they have mistaken it.' INTER...NATIONAL LAW OF GENERAL AVERAGE. 260 And after having made the following remark, * If a cnstom pre- vailing in a Court which, though an inferior Court, is still a Court of law, if inconsistent with law cannot prevail, surely the same rule must apply to a practice of average adjusters. When a practice of this kind is brought to the test of a legal decision, and is found to be erroneous and inconsistent with law, it cannot be permitted to override the law and acquire the force of law,' the Lord Chief Justice concludes as follows : — * The case of Stewart v.
What to read after Papers On Maritime Legislation: With a Translation of the German Mercantile ...?
You can find similar books in the "Read Also" column, or choose other free books by Ernest Emil Wendt to read onlineMoreLess
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