CONNOR v. SPENCE

4 VLR (L) 243·Coram, STAWELL, C.J. AND BARRY, J.
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4 VLR (L) 243
4 VLR L 243
CONNOR v. SPENCE Supreme Court of Victoria, at Law Coram, STAWELL, C.J. AND BARRY, J. July 10, 11, 23 July 1878 Act of God — Carriage of goods by sea — Special contract — Obligation of shipowner, where ship not destroyed — Implied warranty of seaworthiness — Trover for goods sold by master without authority of shipper — Pleading — Breach of implied condition not previously set out — Practice — Plea held bad on demurrer after verdict for defendant upon it — Evidence — General average — Adjustment — Average stater .

If a duty is cast upon an individual by common law, the act of God will excuse him from its performance; but if a man contracts to do a certain thing, and it becomes impossible by the act of God, he may be liable in damages for its non-performance.

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4 VLR (L) 243

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