Cases on Commercial Law: General Survey, Contracts, Agency, Bailments, Sales, Negotiable Paper, Partnerships, Corporations, Bankruptcy

Εξώφυλλο
Alfred William Bays
Callaghan, 1923 - 1536 σελίδες
 

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Περιεχόμενα

B Minors as Parties
39
38 Who are minors 39 Power of minors to contract 40 Minors liability for necessaries 41 What are necessaries
40
a Kind of advantages that may constitute necessaries b Station in life as factor c Minor already supplied d Necessaries must be actually supplied
47
Disaffirmance of minors voidable contracts a Disaffirmance
52
b Ratification
58
Tortious liability of minors in cases involving contracts
62
Other Parties Under Disability 41 Married women 45 Insane persons 46 Drunken persons 47 Aliens
66
Corporations
69
CHAPTER 8
70
Preliminary announcements intended to secure offers distinguished from offers 53 Offer indefinite
71
Duration of offer
77
Termination of offer by rejection
81
57 Termination of offer by destruction of subject matter
82
58 Termination by death and insanity of offeror or offeree 59 Revocation of offer 60 Contracts to keep offers open
85
Defendants contract wholly executory
105
Silence as acceptance
108
CONTRACTS
116
CONTENTS XXV
117
Fraud in the inducement defined
130
b Duress
149
Undue influence definedits effect
156
CHAPTER 10
165
Compromise of disputed claim
190
CONTRACTS ILLEGAL BECAUSE OF MANNER OF FORMATION
219
Judicial Remedies in Illegal Agreements
225
သာ သာယာမာ
228
Where contract partly legal partly illegal
232
Implied and apparent power of agent to bind principal
234
CHAPTER 12
235
Implied and apparent power to warrant
240
Certain kinds of contracts to be in writing C Contracts Not Enforcible Unless in Writing a Nature and object of statute of frauds 114 The statute of fr...
241
Promises of executors and administrators
247
Promises to answer for the debt default or miscarriage of another person 119 Promises in consideration of marriage
252
Contracts for the sale of lands or interest therein 121 Contracts that cannot be performed within a year
256
c What amounts to compliance with statute 123 The memorandum and the signature 124 Compliance by delivery and acceptance in sales 125 Com...
260
The Parol Evidence Rule 128 The parol evidence rule defined 129 Parol evidence rule permits contract partly in writing partly oral
273
Definition of quasi contract
296
PART III
311
BENEFICIARIES TO CONTRACTS
312
Sale in writing oral or implied
317
Formalities required in certain cases
318
Statute not applicable if price less than a certain amount
319
Statute no defense where sufficient signed memorandum
322
What is contract of sale within the statute
323
CHAPTER 19
328
DISCHARGE OF CONTRACTS BY OTHER MEANS THAN PERFORMANCE
352
CHAPTER 22
363
Contracts for sale of real estate
369
736 Execution of contracts by officers of the corporation
371
PART I
377
The principal and agent as one person
378
Enumeration of rights and remedies of buyer
385
CHAPTER 24
388
DIVISION
389
Goods delivered to buyer buyers right to accept and
391
Authority of child to bind parent
395
Express ratification
407
Results of Ratification
413
Agents right of compensation where he abandons serv
420
Reference to mortgage given as security
421
Duty of agent to obey instructions
428
Liability of Agent to Principal for Default of Third
434
General rule
441
UNDISCLOSED PRINCIPALS
466
CHAPTER 31
476
A Liability of Agent in Contract
491
When agent bound on sealed instruments by form
500
B Liability of Agent in Tort
508
TERMINATION BY ACT OF PARTIES
514
By death of principal
524
SUBDIVISION I
531
CHAPTER 37
550
EXTRAORDINARY BAILEES 296 Public service businesses 297 Innkeepers 298 Common carrier defined 299 Common carriers duty of indiscri...
556
CHAPTER 39
560
SUBDIVISION II
564
DEFINITION AND GENERAL NATURE A Definitions and Distinctions 313 Definitions 314 Consideration called the price 315 Conditional sales de...
565
Parties to sales 325 Sales of future goods 326 Destruction or deterioration of the goods before making of contract 327 Destruction or deterioration ...
581
CHAPTER 42
584
Whether alleged oral warranty provable if sale in writ
586
B Implied Warranties 331 Doctrine of caveat emptor 332 Generally of the implied warranties 333 Implied warranties in express sales 334 The imp...
594
The implied warranties in a sale by description 336 The implied warranties in a sale by sample
595
Power to bind firm on negotiable paper
599
The implied warranty of fitness for purpose bought
603
Ratification
605
Warranties do not run with personal property 339 Right of remote purchaser to sue in tort
610
PART I
614
TITLE AND THIRD PERSONS 350 Attempted sale by one not owner in general A When True Owner Not Estopped to Assert Title 351 In general ...
651
Allowing another to assert that he is owner 356 Clothing another with documentary indicia of title
656
When True Owner Prevented by Statute from Asserting Title 357 In general 358 Effect of retention by seller after sale 359 Conditional sales
659
Implied authority of factor
661
Bulk sales acts
666
Factors acts 362 Chattel mortgages
667
Obligations in respect to time
668
Delivery to carrier as delivery to buyer
675
FORMATION OF CONTRACTS
739
PART I
751
1
752
Writing and signature
760
To Pay a Sum Certain in Money
776
Must be Payable on Demand or at a Fixed or Determin
785
E Must be Payable to Order or to Bearer
799
F Where the Instrument Is Addressed to a Drawee
805
Provision authorizing confession of judgment
806
CHAPTER 53
813
Corporations
816
Unincorporated companies
817
Partners and partnerships
818
Minors
819
820 Insane persons
820
Estates of deceased persons
821
CHAPTER 54
822
Voluntary bankruptcy
823
CHAPTER 50
824
CHAPTER 56
831
OPERATION OF THE CONTRACT
835
Special indorsement
843
A Defenses not Available Against Holder in Due Course
881
Filing objections to discharge
884
Lack of authority of agent known to payee
888
New promise to
889
Fraud in execution
898
PRESENTMENT FOR PAYMENT AND FOR ACCEPTANCE
920
B Presentment of Bill for Acceptance
930
CHAPTER 63
948
PART V
958
GUARANTY AND SURETYSHIP
966
PART I
997
How partnership differs from corporation
1017
Definition
1019
Necessity of firm name
1028
PART III
1039
Right of partner to sue firm
1053
RIGHTS OF THIRD PERSONS AGAINST INCOMING OUTGOING
1056
Liability of incoming partner
1079
a Where no judicial proceedings are in progress to distribute
1086
DISSOLUTION OF PARTNERSHIP
1102
DEATH OF PARTNER
1113
CHAPTER 77
1121
The corporation as a distinct entity
1148
Corporate entity not allowed to defeat responsibility
1160
Corporations distinguished from partnerships
1167
Form of charterspecial statute
1171
CHAPTER 82
1181
PART II
1187
The legal nature of shares of stock
1203
CHAPTER 85
1210
In general
1222
STOCKHOLDERS MEETINGS
1232
CHAPTER 88
1241
DEFINITION AND CLASSIFICATION
1265
723 The directors responsibility to the corporation
1284
PART IV
1289
CHAPTER 95
1316
Power of corporation to sell its property
1323
Suit against foreign corporation
1340
CHAPTER 7
1355
Indorsement requisite
1358
DIVISION
1365
တတတ
1374
Transferee of holder in due course as holder in
1375
Introductory
1382
Occupation considered as of what date
1389
A Introductory 825 In general 826 Insolvency defined 827 Within what time act of bankruptcy must be committed B The Particular Acts of Bankr...
1402
Definition
1407
CHAPTER 107
1416
DISCHARGE OF CONTRACTS
1428
Insurance policies
1445
Property held by bankrupt in trust or nature of trust 844 Property transferred or money paid as preference
1450
Fraudulent conveyances 846 Property held by bankrupt claimed by third persons 847 Property held by third person belonging to bankrupt
1460
Rights to
1461
Burdensome property Š 850 To what liens trustees title is subject
1464
CHAPTER 109
1470
In respect to whether due or not 853 In respect to whether owing before or after petition filed 854 Claims based upon judgments Š 855 Fixed liabili...
1471
Breach of one part of several contract
1475
Unliquidated claims 1 When provable 860 Unliquidated claims 2 When not provable
1480
Fines B Proof and Allowance of Claims 862 How claims proved Š 863 Allowance of claims eoenen C Secured and Lien Claims 864 In general 865 ...
1481
Claims Having Priority 867 How a claim having priority differs from a secured claim 868 What claims have priority
1483
E Claims of Preferred Creditors 869 Preferred creditor must surrender preference
1486
How payable G Composition with Creditors
1490
871 Composition may be offered by bankrupt 872 Conditions of the composition
1492
When composition set aside H Set Offs 874 Right to set
1493
CHAPTER 110
1495
A The Discharge of the Bankrupt 881 Importance of discharge 882 Within what time discharge must be applied for 883 The petition for discharge ...
1499
B Debts Not Dischargeable 886 In general 887 General rule
1500
Kinds of brokers
1512
PARTIES TO CONTRACTS
1514
Del credere agencies
1517

Συχνά εμφανιζόμενοι όροι και φράσεις

Δημοφιλή αποσπάσματα

Σελίδα 678 - Action for damages for non-acceptance of the goods. —(1) Where the buyer wrongfully neglects or refuses to accept and pay for the goods, the seller may maintain an action against him for damages for non-acceptance. (2) The measure of damages is the estimated loss directly and naturally resulting, in the ordinary course of events, from the buyer's breach of contract.
Σελίδα 983 - A bill of exchange is an unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time a sum certain in money to or to the order of a specified person, or to bearer.
Σελίδα 720 - Subject to the provisions of this Act and of any statute in that behalf, there is no implied warranty or condition as to the quality or fitness for any particular purpose of goods supplied under a contract of sale...
Σελίδα 580 - Any affirmation of fact or any promise by the seller relating to the goods is an express warranty if the natural tendency of such affirmation or promise is to induce the buyer to purchase the goods, and if the buyer purchases the goods relying thereon. No affirmation of the value of the goods, nor any statement purporting to be a statement of the seller's opinion only shall be construed as a warranty.
Σελίδα 988 - A promissory note is an unconditional promise in writing made by one person to another, signed by the maker, engaging to pay, on demand or at a fixed or determinable future time, a sum certain in money, to, or to the order of, a specified person, or to bearer.
Σελίδα 678 - Where there is an available market for the goods in question, the measure of damages is, in the absence of special circumstances, showing proximate damage of a greater amount, the difference between the contract price and the market or current price at the time or times when the goods ought to have been accepted. or, if no time was fixed for acceptance, then at the time of the refusal to accept.
Σελίδα 976 - And, in addition, he engages that on due presentment, it shall be accepted or paid, or both, as the case may be, according to its tenor, and that if it be dishonored, and the necessary proceedings on dishonor be duly taken, he will pay the amount thereof to the holder, or to any subsequent indorser who may be compelled to pay it.
Σελίδα 851 - That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.
Σελίδα 757 - An instrument to be negotiable must conform to the following requirements : — 1. It must be in writing and signed by the maker or drawer ; 2. Must contain an unconditional promise or order to pay a sum certain in money ; 3. Must be payable on demand, or at a fixed or determinable future time; 4. Must be payable to order or to bearer ; and, 5. Where the instrument is addressed to a drawee, he must be named or otherwise indicated therein with reasonable certainty.
Σελίδα 848 - To constitute notice of an infirmity in the instrument or defect in the title of the person negotiating the same, the person to whom it is negotiated must have had actual knowledge of the infirmity or defect, or knowledge of such facts that his action in taking the instrument amounted to bad faith.

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