Insurance Issues – Civil War – Part I

Insurance Issues – Civil War – Part I

In the course of his analysis of reported cases, Mustill J referred to a useful quote from Lord justice Farrell, in the case of the Republic of Bolivian. Indemnity Mutual Marine Co. Ltd. [1909] 1 KB 785, in which Farrell LJ quoted from a history of the American Civil War that:


“a civil war.. .is never formally declared: it becomes such by its accidents—the number, power and organisation of the persons who originate, and carrying it on. When the party in rebellion occupy and hold in a hostile manner a certain portion of territory, have declared their independence, have cast off their allegiance, have organised armies, have commenced hostilities against their former Sovereign, the world acknowledges them as belligerents and the contest as a war.”


Whilst adopting that as one form of civil war, the court did not consider it to be an exclusive definition. Nevertheless, an argument put forward by the insurers that if the events in Lebanon amounted to treason then it must constitute a civil war was dismissed. Such an argument was considered to be more relevant to “usurped power”.


The court relied upon the basic rule of construction, namely the first step was to decide whether the ordinary and literal meaning of the words “civil war” assisted the court in determining its limitations. In doing so it determined that a civil war was a war which had the special characteristics of being civil, namely internal rather than external. Nevertheless, a civil war is still a war and the words did not simply denote a violent internal conflict on a large scale. Three questions are of particular importance when considering whether a civil war existed:


– Can it be said that the conflict was between opposing sides?


– What were the objectives of the sides, and how did they set about
pursuing them?


– What was the scale of the conflict and its effect on public order and on
the life of the inhabitants?


It should be possible to say of each fighting man that he owed an allegiance to one side rather than the other and it should be possible also to identify each side by reference to a community of objective. There may be more than two factions, but if the factions are too numerous, then it may simply become a civil disturbance or a tribal conflict for example. It is necessary to identify opposite sides but it may not be necessary to identify the objective of the violence as being the seizing of political power. It may be sufficient that the opposing factions wish to ensure that political power is exercised in a particular way.


Willis J. Watson is a freelance writer since 2006, living in United States and he writes about he enjoys the most…insurance policies. If you want to read more informations about Landlord Insurance Quote and also read more reviews about Compare Building Insurance, you can check out his websites.

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Concerning Civil Court Cases into Affairs Court Quotes – records from actions, such criminal Away

Concerning Civil Court Cases into Affairs Court Quotes – records from actions, such criminal Away
Dispute consist of less than ten thousalso U.S. dollars involved, it was additional than this amount usually the Supreme civil court cases, are examined. Less than five thousalso dollars at stake, such court must decide whea certainr he could be made in the direction of small claims court. Civil court records are in groups coming from various laws relating divided a certainm.

That categories from civil court documents
In cases in what contracts, property as well as life in general, all documents are subject in the direction of a civil court. to cover family book, the civil court, divorce, alimony, maintenance and repairs. Applications on behalf of vandalism in addition to fewer people that other commit crimes at age 18 and youth dependency or abuse coming from children.

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Much as ourselves click on the website concerning that civil society in various courts, documents online. This is especially useful supposing that you want via compare, ourselves have a problem, it is certainly true from a certain civil procedural law. You have it made apply online database in behalf of name or number of a dispute that documents self seek.

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