The Indian Contract Act, Act IX of 1872: With a Commentary, Critical, Explanatory, and Illustrative

Εξώφυλλο
Thacker, Spink, 1874 - 232 σελίδες
 

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Περιεχόμενα

What is a sound mind for the purposes of contracting
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Consent defined
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Free consent defined
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Coercion defined
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Undue influence defined
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Fraud defined
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Misrepresentation defined
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Voidability of agreements without free consent of fact
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Agreement void where both parties are under mistake as to matter
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Effect of mistakes as to law inatter of fact
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Contract not voidable merely because of mistake of one party as
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What considerations and objects are lawful and what
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Agreements void if considerations and objects unlawful in part
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Agreement without consideration voidunless it is in writing
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Partners liability for debts of partnership 250 Partners liability to third person for neglect or fraud of copartner 251 Partners power to bind copartners...
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registered
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Agreement in restraint of marriage void
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Person by whom promise is to be performed
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Promisor not bound to perform unless reciprocal promisee ready
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Effect of release of one joint contractor
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Where there are promises to do things legal and also other things
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Promisee may dispense with or remit performance of promise
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OF CERTAIN RELATIONS RESEMBLING THOSE CREATED
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Title to compensation for breach of contract in which a sum is named as payable in case of breach
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Party rightfully rescinding contract entitled to compensation Chapter VII Sale of Goods
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Goods defined
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Sale defined
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Sale how effected
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Transfer of ownership of thing sold which has yet to be ascertain ed made or finished
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Completion of sale of goods which the seller is to put into state in which buyer is to take them
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Completion of sale of goods when seller has to do anything there to in order to ascertain price
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Completion of sale when goods are unascertained at date of contract
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Ascertainment of goods by subsequent appropriation
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Ascertaininent of goods by sellers selection 85 Transfer of ownership of moveable property when sold together with immoveable
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Buyer to bear loss after goods have become his property
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Transfer of ownership of goods agreed to be sold while nonexistent
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Contract to sell and deliver at a future day goods not in sellers possession at date of contract
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Determination of price not fixed by contract DELIVERY
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Delivery low made
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Effect of delivery to wharfinger or carrier
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Effect of partdelivery
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Seller not bound to deliver until buyer applies for delivery
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Place of delivery Sellers Lien
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Sellers lien
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Lien where payment to be made at a future day but no time fixed for delivery
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Sellers lien where payment to be made at future day and buyer allows goods to remain in sellers possession
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Sellers lien against subsequent buyer
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STOPPAGE in Transit 99 Power of seller to stop in transit 100 When goods are to be deemed in transit
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Continuance of right of stoppage title
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Cessation of right on assignment by buyer of document showing
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How seller may stop where instrument of title assigned to secure
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Resale on buyers failure to perform Title
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Title conveyed by seller of goods to buyer WARRANTY
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Sellers responsibility for badness of title
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Establishment of implied warranty of goodness or quality
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Warranty of soundness implied on sale of provisions
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Warranty of bulk implied on sale of goods by sample
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Warranty implied where goods are sold as being of a certain denomination
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Warranty where goods ordered for a specified purpose
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Warranty on sale of article of a wellknown ascertained kind
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Seller when not responsible for latent defects
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Buyers right on breach of warranty
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Right of buyer on breach of warranty in respect of goods not ascertained MISCELLANEOUS
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When buyer may refuse to accept if goods not ordered are sent with goods ordered
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Effect of wrongful refusal to accept
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Right of seller as to rescission on failure of buyer to pay price at time fixed
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Sale and transfer of lots sold by auction
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Effect of use by seller of pretended biddings to raise price CHAPTER VIII OF INDEMNITY AND GUARANTEE
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Contract of indemnity defined
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Rights and liabilities of indemnityholder when sued
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Contract of guaranteesurety principal debtor and creditor
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Consideration for guarantee
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Suretys liability
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Continuing guarantee
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Revocation of continuing guarantee
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Revocation of continuing guarantee by suretys death
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Liability of two persons primarily liable not affected by a private arrangement between them as to suretyship
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Discharge of surety by variance in terms of contract
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Discharge of surety by release or discharge of principal debtor
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Discharge of surety when creditor compounds with gives time to or agrees not to sue principal debtor
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Surety not discharged when agreement made with a third person to give time to principal debtor
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Creditors forbearance to sue does not discharge surety
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Liability of cosureties bound in different sums CHAPTER IX OF BAILMENT
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Bailment bailor and bailee defined
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Delivery to bailee how made
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Bailors duty to disclose faults in goods bailed
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Care to be taken by bailee
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Bailee when not liable for loss c of thing bailed ditions
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Termination of bailment by bailees act inconsistent with con
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Liability of bailee making unauthorized use of goods bailed
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Effect of mixture with bailors consent of his goods with goods of bailee
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Effect of mixture without bailors consent when the goods can be separated
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Effect of mixture without bailors consent when the goods cannot be separated
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Repayment by bailor of necessary expenses
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Restoration of goods bailed gratuitously
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Return of goods bailed on expiration of time or accomplishment of purpose
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Bailees responsibility when goods are not duly delivered or tendered
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Termination of gratuitous bailment by death
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Bailor entitled to increase or profit from goods bailed
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Bailors responsibility to bailee
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Bailment by several joint owners
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Bailee not responsible on redelivery to bailor without title
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Right of third person claiming goods bailed
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Right of finder of goods May sue for specific reward offered
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When finder of thing commonly on sale may sell
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Bailees particular lien
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General lien of bankers factors wharfingers attorneys and policy brokers BAILMENTS OF PLEDGES
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Pledge pawnor and pawnee defined
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Pawnees right of retainer
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Pawnee not to retain for debt or promise other than that for which goods pledged
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Pawnees right as to extraordinary expenses incurred
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Pawnees right where pawnor makes default
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Defaulting pawnors right to redeem
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Pledge by possessor of goods or documentary title to goods
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Pledge where pledgor has only a limited interest
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Agent and principal defined
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Who may employ agent
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Who may be an agent
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Consideration not necessary
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Agents authority may be expressed or implied
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Definitions of express and implied authority
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Extent of agents authority
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Agents authority in an emergency SUBAGENTS
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When agent cannot delegate
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Subagent defined
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Representation of principal by subagent properly appointed Agents responsibility for subagent Subagents responsibility
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Agents responsibility for subagert appointed without authority
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Relation between principal and person duly appointed by agent to act in business of agency
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Agents duty in naming such person RATIFICATION
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Right of person as to acts done for him without his authority Effect of ratification
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Ratification may be expressed or implied
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Knowledge requisite to valid ratification
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Effect of ratifying unauthorized act forming part of a transaction
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Ratification of unauthorized act cannot injure third person
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REVOCATION OF AUTHORITY 201 Termination of agency matter 202 Termination of agency where agent has an interest in subject
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When principal may revoke agents authority
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Revocation where authority has been partly exercised
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Compensation for revocation by principal or renunciation by agent
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Notice of revocation or renunciation
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Revocation and renunciation may be expressed or implied
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When termination of agents authority takes effect
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209 Agents duty on termination of agency by principals death or insanity
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Termination of subagents authority Agents DUTY TO PRINCIPAL
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Agents duty in conducting principals business
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Skill and diligence required from agent
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Agents accounts
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Agents duty to communicate with principal
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Agent dealing on his own account in business of agency without principals consent
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Principals right to benefit gained by agent dealing on his own account in business of agency
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Agents right of retainer out of sums received on principals account
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Agents duty to pay sums received for principal
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When agents remuneration becomes
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Misconduct disentitles agent to remuneration
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Agents lien on principals goods and papers
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Agents indemnity against consequences of lawful acts
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Agents indemnity against consequences of acts done in good faith
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Nonliability of employer of agent to do a criminal
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Compensation to agent for injury caused by principals neglect EFFECT OF AGENCY ON CONTRACTS WITH THIRD PERSONS
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Enforcement and consequences of agents contracts
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Principal how far bound when agent exceeds authority When excess of agents authority is not separable
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Suretys right to benefit of creditors securities
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specific advance 104 Stoppage how effected 105 Notice of sellers claim 106 Right of seller on stoppage
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Rights of parties to a contract made by agent not disclosed
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Performance of contract with agent supposed to be priucipal 233 Principals liability where agent personally liable 234 Consequence of inducing agen...
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Δημοφιλή αποσπάσματα

Σελίδα 62 - ... where, from the nature of the contract, it appears that the parties must from the beginning have known that it could not be fulfilled, unless when the time for the...
Σελίδα 40 - One who sells the good-will of a business may agree with the buyer to refrain from carrying on a similar business, within Specified local limits,* so long as the buyer, or any person deriving title to the good-will from him carries on a like business therein,* provided that such limits appear to the Court reasonable, regard being had to the nature of the business.
Σελίδα 23 - ... contract or with his connivance, or by his agent, with intent to deceive another party thereto or his agent, or to induce him to enter into the contract...
Σελίδα 62 - There seems no doubt that where there is a positive contract to do a thing, not in itself unlawful, the contractor must perform it or pay damages for not doing it, although in consequence of unforeseen accidents, the performance of his contract has become unexpectedly burdensome or even impossible.
Σελίδα 195 - Partners shall render on demand true and full information of all things affecting the partnership to any partner or the legal representative of any deceased partner or partner under legal disability.
Σελίδα 24 - But a * 724 single word, or (I may add) a nod or a wink, or a shake of the head, or a smile from the purchaser intended to induce the vendor to believe the existence of a non-existing fact, which might influence the price of the subject to be sold, would be sufficient ground for a Court of Equity to refuse a decree for a specific performance of the agreement.
Σελίδα 21 - Undue influence consists: 1. In the use, by one in whom a confidence is reposed by another, or who holds a real or apparent authority over him, of such confidence or authority for the purpose of obtaining an unfair advantage over him; 2. In taking an unfair advantage of another's weakness of mind; or, 3. In taking a grossly oppressive and unfair advantage of another's necessities or distress.
Σελίδα 200 - An Act for rendering a written memorandum necessary to the validity of certain promises and engagements.
Σελίδα 29 - When consent to an agreement is caused by undue influence, the agreement Ls a contract voidable at the option of the party whose consent was so caused.
Σελίδα 195 - Where a partnership entered into for a fixed term is continued after the term has expired, and without any express new agreement, the rights and duties of the partners remain the same as they were at the expiration of the term, so far as is consistent with the incidents of a partnership at will.

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