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" The principle seems to us to be that, in contracts in which the performance depends on the continued existence of a given person or thing, a condition is implied that the impossibility of performance arising from the perishing of the person or thing shall_excuse... "
The Manitoba Reports: Containing Reports of Cases Decided in the Court of ... - Σελίδα 154
1887
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The Weekly Reporter

1863 - 804 σελίδες
...— Liabilities of the parties in case of performance becoming 'inipossible. In contracts in irJticJi the performance depends on the continued existence of a given person- or thiny, a condition is implied that tlie impossibility nf performance arisi/ty from the perishing of...

Reports of Cases Argued and Determined in the Court of Queen's Bench: And ...

Great Britain. Court of King's Bench, William Mawdesley Best, George James Philip Smith - 1864 - 1042 σελίδες
...shews that the same law had been already adopted by the English law as early as The Booh of Assises. The principle seems to us to be that, in contracts in which the performance i depends on the continued existence of a given person or thing, a condition is implied that the impossibility...

A Treatise on the Law of Sale of Personal Property: With References to the ...

Judah Philip Benjamin - 1868 - 748 σελίδες
...the case of Rugg v. Minet." 3 After some further illustrations, the rule was laid down as follows : " The principle seems to us to be that in contracts...thing, a condition is implied, that the impossibility arising from the perishing of the person or thing shall excuse the performance." This case was followed...

The Indian Contract Act, Act IX. of 1872, with a Commentary, Etc

India, Charles Colin Macrae - 1874 - 274 σελίδες
...impossible from the perishing of the thing without the default of the contractor." Such condition is implied in contracts in which the performance depends on the continued existence of a given person or thing, because from the nature of the contract it is apparent that the parties contracted on the basis of...

A Treatise on the Law of Sale of Personal Property: With References to the ...

Judah Philip Benjamin - 1877 - 984 σελίδες
...case of Rugg v. Minet." (c) After some further illustrations, the rule was laid down as follows : " The principle seems to us to be, that in contracts...thing, a condition is implied, that the impossibility arising from the perishing of the person or thing shall excuse the performance." (d) This case was...

A Manual of Common Law for Practitioners and Students: Comprising the ...

Josiah William Smith - 1880 - 800 σελίδες
...non-performance is excused : First, where the per- formaix*. formance depends on the continued existence of a person or thing, a condition is implied that the impossibility...arising from the perishing of the person or thing •without the fault of the contractor, shall excuse the performance. (Taylor v. Coldwell, 3 Best &...

The Law of Master and Servant

Charles Edmund Baker - 1881 - 200 σελίδες
...employed to paint a picture, who is struck blind — the performance must be excused. The principle seems to be that, in contracts in which the performance...thing, a condition is implied that the impossibility arising from the perishing of the person or thing shall excuse the performance of the contract. In...

Benjamin's Treatise on the Law of Sale of Personal Property: With ..., Τόμος 2

Judah Philip Benjamin - 1884 - 646 σελίδες
...the case of Rugg v. Minett. (z) After some further illustrations, the rule was laid down as follows : "The principle seems to us to be that in contracts in which the performance dependa on the continued existence of a given pet-son or thing, a condition is implied, that the impossibility...

The Mining Reports: A Series Containing the Cases on the Law of ..., Τόμος 8

Robert Stewart Morrison - 1885 - 760 σελίδες
...1074. But where, from the nature of the covenant, it is apparent the parties contracted on the basis of the continued existence of a given person or thing, a condition is implied that if the performance became impossible, from the perishing of the person or thing, that shall excuse...

Main Et Al. Vs. Central Pacific R.R.: Arguments of Brown & Bishop for ...

1886 - 830 σελίδες
...But where, from the nature of the covenant ', it is apparent the parties contracted on the basis of the continued existence of a given person, or thing, a condition is implied that, if the performance became impossible, from the perishing of the person or thing, that shall excuse...




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