Principles of Contract: Being a Treatise on the General Principles Concerning the Validity of Agreements in the Law of England, Σελίδα 776

Εξώφυλλο
Stevens and Sons, 1885 - 744 σελίδες
 

Περιεχόμενα

Stokes 1872 L R 7 Q B 598 41 L J Q
lxxiv
Cox 1872 8 Ch 76 42 L J Ch 291
lxxv
British Linen Co v Drummond 1830 10 B C 903
lxxxi
Arrowsmith Ex parte 1878 8 Ch Div 96 47 L J
lxxxv
Statute of Frauds
lxxxix
AGREEMENT PROPOSAL AND ACCEPTANCE
1
Peculiar rules of construction in equity
2
Alternative contracts where one alternative is or becomes
4
Void agreements
7
Special rule as to sales by auction
16
Revocation of proposal
23
Metropolitan Ry Co 1877 2 App Ca 666 31
31
CAPACITY OF PARTIES
49
Artificial Persons
50
12
55
Arundels Case 1616 Hob
64
Married Women Can contract only as to separate property
66
Cases in equity
85
History of opinions as to contract of lunatic c in general
88
at
91
Indian Contract
94
General rules of responsibility for false representation
98
FORM OF CONTRACT
134
Similar doctrine of old English law in Bracton
141
Guaranties
161
CHAPTER IV
167
Treatment of gratuitous contracts under seal in equity
184
Duty of trustees
197
100
201
Assignment of contracts
206
Athenæum Life Ass Soc 1858 3 C B N S 725
211
But agreement of parties cannot make contract negotiable
216
Obligations attached to property
223
CHAPTER VI
232
Dealings between creditor and principal debtor to prejudice
238
Modern exceptions to requirement of seal
241
Dealings by agent executor c against his duty
249
but an offence
261
Royal Marriage
274
Public policy as to external relations of the State
277
Sale of offices
287
Rules as to champerty
302
Aguilar 1820 5 Madd 414
310
Final statement of the rule and qualification
320
Maddison 1880 5 Ex D 293 7 Q B Div
334
Generally lex loci solutionis prevails
337
Parties must be certain
406
460
413
Error as to legal character of transaction
419
Agency
426
Even if error of one party known to but not caused by the other
438
Allen 1842 2 Dr W 307 1 L L 427 Ir
444
Where fundamental error produced by misrepresentation
447
Who is entitled to have deed rectified
475
Rules of equity as to catching bargains not affected
476
Note K Indian Contract Act on impossible agreements
478
Cases in which nonfraudulent representation can affect contract
485
Fire Insurance
491
Gibson considered
504
CHAPTER X
521
Representation must be by a party to the contract
528
Partnership contracts to take shares in companies and contracts
532
perty passes
545
Result of unfounded charges of fraud
551
Smith 1859 26 Beav 644 7 W R
557
Public policy as to duties of individuals
572
Act of 1867
583
Sales of reversionary interests
589
CHAPTER XII
597
Where money paid
608
Distinction of equitable estoppel
615
Costs of uncertificated solicitors
621
Treatment of equitable obligations at Common
633
Dodds considered
637
Contracts by correspondence
643
Note A Terminology and fundamental conceptions of contract
646
Authorities on limits of corporate powers
653
682
659
Note E Foreign laws prescribing forms of contract
673
State of English authority
708
Note G Early authorities on assignment of choses in action
709
Cancellation of instruments
711
Agreements as to custody of children
712
309
713
Appointments of officers
717
Insurance of seamens wages
726
Contract to marry not exceptional
728
Agreements in restraint of marriage
734
Alliance Bank of Simla v Carey 1880 5 C P D 429 49
735
Observations on evidence and construction
741
320
742
257
744

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Δημοφιλή αποσπάσματα

Σελίδα 154 - ... or upon any agreement that is not to be performed within the space of one year from the making thereof, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith or some other person thereunto...
Σελίδα 598 - ... or to charge any person upon any agreement made upon consideration of marriage ; or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them ; or upon any agreement that is not to be performed within the space of one year from the making thereof...
Σελίδα 56 - No action shall be brought whereby to charge any person upon any promise made after full age to pay any debt contracted during infancy, or upon any ratification made after full age of any promise or contract made during infancy, whether there shall or shall not be any new consideration for such promise or ratification after full age.
Σελίδα 361 - ... of the contract arrived some particular specified thing continued to exist, so that, when entering into the contract, they must have contemplated such continuing existence as the foundation of what was to be done...
Σελίδα 326 - 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 161 - 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 553 - Wherever two persons stand in such a relation that, while it continues, confidence is necessarily reposed by one, and the influence which naturally grows out of that confidence is possessed by the other, and this confidence is abused, or the influence is exerted to obtain an advantage at the expense of the confiding party, the person so availing himself of his position will not be permitted to retain the advantage, although the transaction could not have been impeached if no such confidential relation...
Σελίδα 695 - ... 1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true; 2.
Σελίδα 453 - ... 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 504 - ... not specifying the same shall be deemed fraudulent on the part of the promoters, directors, and officers of the company knowingly issuing the same, as regards any person taking shares in the company on the faith of such prospectus, unless he shall have had notice of such contract.

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