Bryant Strattons Commercial Law for Business Men Including Merchants Farmer

Cover Bryant Strattons Commercial Law for Business Men Including Merchants Farmer
Bryant Strattons Commercial Law for Business Men Including Merchants Farmer
Dean, Amos, 1803-1868
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" § 574. That there now is, or eventually will be, a real difference between the English and American doctrine, in accordance with the questions asked in the last section, is rendered jJretty clear from the difference of doctrine between the two now held in reference to the character of the aban- donment itself. Tlie English construction of this is — that if an abandonment be rightfully made, it is not absolute, but may be controlled by subsequent events ; so that if the loss has ceased to be t...otal at any time before action brought, the abandonment becomes inoperative. Tliis is carrying out logically the principle of allowing the assm'cd to act upon the highest probabilities in nuiking the abandonment. The American rule, on the contrary, is that " an abandonment once rightfully made, is binding and conclusive between the parties, and that the rights flowing from it become vested 21 322 PROCEEDINGS AS TO ABANDONMENT.
riglits, not to be divested by any subsequent events ; " thus carrying out logically the principle of requiring the as- sured to base his action, in making the abandonment, only upon actual facts and certainties.


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