Treatises On Average And Adjustments of Losses in Marine Insurance
Treatises On Average And Adjustments of Losses in Marine Insurance
Robert Stevens
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The assured was obli- ged, under the authority and orders of the com- petent court at Lisbon, to pay a considerable sum as contribution, for articles which according to the law of this country do not belong to general aver- age. It was argued for the plaintiff that the de- cree of the court of Lisbon was of itself conclusive in favour of the plaintiff's right. The court of King's Bench, however, decided that it was not. Lord Ellenborough said, ' This contract must be governed in point of constr...uction by the law of England, where it was framed, couched as it is in the terms of an instrument in general and familiar use, and of known meaning in England, unless the parties are to be understood as having contracted on the foot of some other known general usage amongst merchants relative to the same subject, and shown to have obtained in tlie country where by the terms of the contract the adventure is made to determine, and where a general average (if such should, under the events of the voyajje, be claimed) would of course come to be demandable.
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