A System of the Law of Marine Insurances (1799)
by James Allan Park (9780217311748)

A System of the Law of Marine Insurances (1799)
James Allan Park
Release Date: 10 December 0140
Format: Paperback
Pages: 228
Category: Administrative Law & Regulatory Practice
ISBN: 9780217311748
ISBN-10: 0217311741

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: Of the Conftruclion of the Policy. A POLICY of infurance, being a contraG of indemnity, and being only confidered as a fimple contract, muft always be conftrued, as nearly as poffible, according i Burr. 347. to tne intention of the contracting parties; and not ac- RoccusNot. A8. cording to the ftrict and literal meaning of the words. The mercantile law, in this refper, is the fame in every part of the world; for from the fame prerrnTes, the found conclufions of reafon and juflice mvft ever be the fame. Thus as the benefit of the infured, and the advancement of trade, are the grear-objeets of infurance, policies are to be .. . ., conftrued largely, in order to attain thofe ends: for it would be abfurd to fuppofe, that when the end is infured, the ordinary and ufual means of attaining it can poffibly be excluded; whatever, therefore, is done, by the mafter of the fhip, in the x Burr. 348. ufual courfe, neceflarily, et ex jtjld crufd, although a lofs happen thereon, the underwriter fhall be anfwerable. But, in the conftrudion of policies, no rule has been move frequently followed than the ufage of trade, with refpect to the particular voyages or rifks, to which the policy relates; and in the cafes about to be quoted in fup- port of thefe principles, it will be found, that the learned judges have always called in the ufage of trade, as the ground, upon which the conftruandion turns. In ftating the different cafes upon this fubject, as the point is nearly the fame in all, the order of time, in which they were determined, is that which will be purfued, in order to prevent confuilon. Anonymous, The' fivft to be mentioned is an anonymous cafe in the Skinn. 143. time of James the fecond; but it is from a reporter of very good authority. A policy of infurance fha...

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