Principles of Contract at Law and in Equity: Being a Treatise on the General Principles Concerning the Validity of Agreements in the Law of England

Εξώφυλλο
Stevens, 1881 - 770 σελίδες
 

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Περιεχόμενα

356
433
Personal contracts not transferable
441
Geaves 230
445
Inclusion of parcels by mistake on sale of land
449
Error as to existence of subjectmatter
455
Where only one party is ignorant of the material fact and generally
461
Peculiar rules of construction in equity
475
Peculiar defences and remedies derived from equity
482
Quasi estoppel of one party acting as others agent in framing
489
The legal effect of representations
495
Representations amounting to Warranty or Condition
501
Extent of creditors duty to surety
507
General duty of vendor to describe property correctly
516
177
522
Contract to marry not exceptional
523
Right of rescission
533
Materiality of representation
540
Representation must be in same transaction
547
No resciskion where the former state of things cannot be restored
553
Repudiation of shares
562
CHAPTER III
565
The equitable doctrine of Undue Influence
568
FORM OF Contract
581
Presumptions against and duties of persons in fiduciary relations
582
Undervalue material only as evidence
588
Act of 1867
595
Sales of reversionary interests
601
320
602
Confirmation and acquiescence
607
Rigby
608
Conditions precedent to remedy not satisfied
616
Lopus 529
622
Mouflet r Cole 335
623
Munro Ex parte
642
APPENDIX
647
322
656
Note 1 Foreign laws prescribing forms of contract
673
IMPOSSIBLE AGREEMENTS
683
Charter
686
Watson
691
Indian Contract Act on fraud c
695
Formal and informal contracts in Roman
715
Vote N Foreign laws on undue influence and undervalue
719
Married Women Generally cannot contract
720
154
721
685
725
Lunatics and Drunken Persons Undisputed points
733
ille
736

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Δημοφιλή αποσπάσματα

Σελίδα 353 - If, from the plaintiff's own stating or otherwise, the cause of action appears to arise ex turpi causa, or the transgression of a positive law of this country, there the court says he has no right to be assisted. It is upon that ground the court goes ; not for the sake of the defendant, but because they will not lend their aid to such a plaintiff.
Σελίδα 353 - The principle of public policy is this; ex dolo malo non oritur actio. No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act.
Σελίδα 181 - A valuable consideration in the sense of the law may consist either in some right, interest, profit, or benefit accruing to the one party, or some forbearance, detriment, loss, or responsibility given, suffered or undertaken by the other.
Σελίδα 477 - ... but only to prevent the defendant from using the written document in a manner inconsistent with the real agreement, there was no difficulty raised by the Statute of Frauds, "which does not make any signed instrument a valid contract by reason of the signature, if it is not such according to the good faith and real intention of the parties.
Σελίδα 62 - All contracts, whether by specialty or by simple contract, henceforth entered into by infants for the repayment of money lent or to be lent, or for goods supplied or to be supplied (other than contracts for necessaries ) , and all accounts stated with infants, shall be absolutely void...
Σελίδα 296 - It must not be forgotten that you are not to extend arbitrarily those rules which say that a given contract is void as being against public policy, because, if there is one thing which more than another public policy requires, it is that men of full age and compeMcKay v.
Σελίδα 73 - Therefore it is clearly agreed by all the books that speak of this matter that an infant may bind himself to pay for his necessary meat, drink, apparel, physic, and such other , necessaries, and likewise for his good teaching and Instruction, whereby he may profit himself afterwards.
Σελίδα 700 - ... 1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true; 2. The positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true; 3.
Σελίδα 351 - We quite agree, that, where a contract is to do a thing which cannot be performed without a violation of the law it is void, whether the parties knew the law or not. But we think, that in order to avoid a contract which can be legally performed', on the ground that there was an intention to perform it in an illegal manner, it is necessary to show that there was the wicked intention to break the law; and, if this be so, the knowledge of what the law is becomes of great importance.
Σελίδα 658 - But a little reflection will show that in all cases of contracts entered into between parties at a distance by correspondence, it is impossible that both should have a knowledge of it the moment it becomes complete. This can only exist where both parties are present. The position may be illustrated by the case before us.

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