This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906 edition. Excerpt: ...gross neglect. In this contract the bailee is held to the exercise of good faith, and consequently he must take reasonable care of the deposit. Lord Holt said that the depositary is not liable "if the goods are stole without any fault in him, neither will a common neglect make him chargeable; but he ...
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906 edition. Excerpt: ...gross neglect. In this contract the bailee is held to the exercise of good faith, and consequently he must take reasonable care of the deposit. Lord Holt said that the depositary is not liable "if the goods are stole without any fault in him, neither will a common neglect make him chargeable; but he must be guilty of some gross neglect." " The ruling in Southcote': Case was opposed to this view, but Lord' Holt declared that decision to be unsound and contrary to the prior decisions. At any rate no one has subsequently questioned the principle which was now laid down. A remark of Bracton quoted by Lord Holt caused him to infer that if the bailee uses the same degree of diligence in caring for the chattels bailed that he uses in caring for his own goods, then the bailee is not liable But this notion is incorrect and the true rule is now established to the effect that if the bailee uses the same care in regard to the property bailed that he bestows upon his own, this is only evidence tending to show that he is not guilty of gross negligence. It is merely " an argument of his honesty " and is not conclusive.' In I834 a noteworthy case involving this question arose. A coffee-house keeper, having undertaken to keep certain money for accommodation, put it, together with a larger sum of his own, into a cash box kept in the tap room. This room was left open on Sunday, but other parts of the house were not. On that day all the money so left in the cash box was Stolen. It was held that the question whether or not the defendant was guilty of gross negligence in keeping the money Dill nee usedgin caring for une's own. Doorman v. Jenkins. was properly left to the jury, and the court refused to disturb a...
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Add this copy of The History and Theory of English Contract Law to cart. $31.94, new condition, Sold by Ingram Customer Returns Center rated 5.0 out of 5 stars, ships from NV, USA, published 1999 by Beard Books.
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