restraints and detainments of all kings, princes, and people of what nation, condition, or quality soever

restraints and detainments of all kings, princes, and people of what nation, condition, or quality soever
A familiar clause in marine insurance policies by way of an extension of the coverage and in bills of lading and charter parties by way of stating an excuse for nonperformance of the contract. Anno: 137 ALR 1241; 29A Am J Rev ed Ins § 1323. Restraints in a sovereign rather than a civil capacity. Bradlie v Maryland Ins. Co. (US) 12 Pet 378, 9 L Ed 1123. Captures and detentions by the commissioned agents of a lawful government. 29A Am J Rev ed his § 1323. The term "restraint" is not limited to cases where the limitation, restriction, or confinement is imposed by those in possession of the person or thing which is limited, restrained, or confined, but includes a restriction created by the application of external force. Olivera v Union Ins. Co. (US) 3 Wheat 183, 4 L Ed 365.

Ballentine's law dictionary. . 1998.

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  • restraints of kings — A clause in a marine insurance policy extending the coverage to captures, seizures, and detentions by the commissioned officers and agents of a sovereign or sovereign power. McCargo v New Orleans Insurance Co. (La) 10 Rob 180. See restraints and… …   Ballentine's law dictionary

  • restraints of princes — A clause in a marine insurance policy extending the coverage to loss by an exercise of the sovereign or governmental power controlling and divesting the dominion or authority of the owner over the ship. Baker Castor Oil Co. v Insurance Co. of… …   Ballentine's law dictionary

  • insurance — /in shoor euhns, sherr /, n. 1. the act, system, or business of insuring property, life, one s person, etc., against loss or harm arising in specified contingencies, as fire, accident, death, disablement, or the like, in consideration of a… …   Universalium

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