Principles of Contract at Law and in Equity: Being a Treatise on the General Principles Concerning the Validity of Agreements, with a Special View to the Comparison of Law and Equity, and with References to the Indian Contract Act, and Occasionally to Roman, American, and Continental Law, Σελίδα 776

Εξώφυλλο
Stevens, 1876 - 606 σελίδες
 

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Περιεχόμενα

Agreements impossible in law
328
164
332
Exceptions in cases of events not contemplated by the contract
334
AngloEgyptian Navigation Co v
338
Clifford v Watts
339
such default of promisor
345
peculiar treatment of them
351
Except in certain special cases and except so far as in the case
362
where certainly or probably not applic
368
Thoroughgoods case
377
Error as to subjectmatter
387
Johnson 21
388
Error as to quality inoperative unless material and common to both
393
Purchase of ones own property
399
Error as to sample in case of sale by sample
405
Peculiar Defences and Remedies in Equity
419
Mr Benjamins remarks on Boulton v Jones considered
428
Appendix
441
Representations amounting to Warranty or Condition
447
Extent of creditors duty to surety
454
General duty of vendor to describe property correctly
459
Reckless or negligent ignorance equivalent to knowledge of untruth 485
467
Fraudulent representation or concealment
473
Contracts connected with previous fraud
481
112
483
Election how to be made
489
No rescission where the former state of things cannot be restored
498
The equitable doctrine of Undue Influence
503
Relations analogous to parent and child
515
Hudson 505 510 514 Bailey v Harris 239
528
Appendix
542
three classes of cases dis
549
AGREEMENTS OF IMPERFECT OBLIGATION
552
B The Slip in marine insurance
562
No remedy at
571
228
580
Custody of Infants
586
Who is entitled to have deed rectified
588
Agreements in restraint of marriage
598
Argos Cargo ex 235
Armstrong 300 Bailys case 9

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Δημοφιλή αποσπάσματα

Σελίδα 320 - One who sells the good-will of a business may agree with the buyer to refrain from carrying on a similar business within a specified county, city, or a part thereof, so long as the buyer, or any person deriving title to the good-will from him, carries on a like business therein.
Σελίδα 147 - 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 284 - Prima facie it is the privilege of a trader in a free country, in all matters not contrary to law, to regulate his own mode of carrying it [his trade] on according to his own discretion and choice.
Σελίδα 401 - Ignorantia juris haud excusat; but in that maxim the word 'jus' is used in the sense of denoting general law, the ordinary law of the country. But when the word 'jus' is used in the sense of denoting a private right, that maxim has no application. Private right of ownership is a matter of fact ; it may be the result also of matter of law; but if parties contract under a mutual mistake and misapprehension as to their relative and respective rights, the result is, that that agreement is liable to be...
Σελίδα 263 - Public policy and sound morality do, therefore, imperatively require that courts should put the stamp of their disapprobation on every act. and pronounce void every contract the ultimate or probable tendency of which would be to sully the purity or mislead the judgments of those to whom the high trust of legislation is confided.
Σελίδα 14 - ... till after they had received the notification that the defendants had received their answer and assented to it. And so it might go on ad infinitum.
Σελίδα 256 - 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 447 - ... breach of warranty. But it would be better to distinguish such cases as a non-compliance with a contract which a party has engaged to fulfil ; as, if a man offers to buy peas of another, and he sends him beans, he does not perform his contract; but that is not a warranty, there is no warranty that he should sell him peas ; the contract is to sell peas, and if he sends him anything else in their stead, it is a non-performance of it.
Σελίδα 41 - That no action shall be maintained whereby to charge any person upon any promise made, after full age, to pay any debt contracted during infancy, or upon any ratification, after full age, of any promise or simple contract made during infancy, unless such promise or ratification shall be made by some writing, signed by the party to be charged therewith.
Σελίδα 506 - ... exactly as a stranger would have done, taking no advantage of his influence or knowledge, putting the other party on his guard, bringing everything to his knowledge which he himself knew. In short, the rule rightly considered, is, that the person standing in such relation must, before he can...

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