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A Handbook of Average; To Which Is Added a Chapter on Arbitration

A Handbook of Average; To Which Is Added a Chapter on Arbitration


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About the Book

This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1884. Not illustrated. Excerpt: ... a particular necessity for some formal recognition of the vesting and devesting of ownership in property which was liable to such frequent casualties and changes. In more peaceful times, its true and principal value is discovered in those cases called constructive total loss, either of ship, cargo or freight. Incidentally it has still its uses and significance, though I believe they are smaller now than is commonly supposed. I propose to consider the subject under the three following heads; viz.-- The Effect of Abandonment. The Eight to Abandon, and The Method of Abandoning. It is impossible to prevent this part of the subject from being legal and technical, but it shall be my endeavour to present the matter in the simplest form possible. It must be premised that legal writers on abandonment have always reference to an action brought on the policy; and they treat it in relation to its effect on subsequent proceedings. It must be remembered, however, that at Lloyd's and at insurance offices abandonment does not necessarily lead to litigation; and that therefore many of the positions taken by jurists are inapplicable to the current method of business between underwriters and the assured. Effect of Abandonment. Abandonment is recognised by the laws of all nations. It is the cession and giving up of all right present and future in the thing lost, and the transference of all property and rights to the underwriter, so that they pass to him. On acceptance of abandonment, the underwriters' title dates back to the time of the loss, and has relation to the status in quo at that time, although the status may subsequently have become altered.* Abandonment can be accepted or refused by the underwriter. It is generally refused by him, because admission of the abandonment pla...


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Product Details
  • ISBN-13: 9781150103995
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 188
  • Spine Width: 10 mm
  • Width: 189 mm
  • ISBN-10: 115010399X
  • Publisher Date: 01 Jan 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 345 gr


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