| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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 &... | |
| 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... | |
| 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... | |
| 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... | |
| 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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