The State Reports, New South Wales, Τόμος 10Law Book Company of Australasia, 1910 |
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Άλλες εκδόσεις - Προβολή όλων
Συχνά εμφανιζόμενοι όροι και φράσεις
action admissible agreement alleged Amendment amount appeal application appointed assessment attorney Attorney-General Australian Jockey Club Bank bankrupt breach by-law C.J. in Eq certiorari charge CHIEF JUSTICE circumstances claim COBAR Cohen condition contended contract costs covenant creditors Crown Lands Act damages Darlinghurst gaol decision defendant defendant's directed DUBBO entitled Equity evidence executors fact fee simple Fleay Government granted Griffith C.J. ground habeas corpus held High Court Honour issue Judge judgment jurisdiction jury lease lessee liable magistrate matter ment MUNICIPAL natural justice offence opinion owner paid parties payment person plaintiff power of attorney Pring prisoner provides purchase question Railway reason referred Registrar respect respondent rule SAMUEL HORDERN Smith solicitor South Wales Stamp Duties statement statute Street Supreme Court Sydney taken testator tion trial trustees vendor verdict Warrawee words
Δημοφιλή αποσπάσματα
Σελίδα 553 - ... such as may fairly and reasonably be considered either arising naturally — ie, according to the usual course of things, from such breach of contract itself — or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.
Σελίδα 292 - Such agents have duties to discharge of a fiduciary nature towards their principal, and it is a rule of universal application, that no one having such duties to discharge shall be allowed to enter into engagements in which he has or can have a personal interest conflicting, or which possibly may conflict with the interests of those whom he is bound to protect.
Σελίδα 719 - . . . a confession, in order to be admissible, must be free and voluntary: that is, must not be extracted by any sort of threats or violence, nor obtained by any direct or implied promises, however slight, nor by the exertion of any improper influence.
Σελίδα 300 - Micklethwait and his assigns to receive and take the rents, issues, and profits thereof during the term of his natural life; and, from and after his decease, to the use of the first son of the body of the said John Nathaniel Micklethwait lawfully to be begotten, and the heirs male of the body of such first...
Σελίδα 293 - It may sometimes happen that the terms on which a trustee has dealt or attempted to deal with the estate or interests of those for whom he is a trustee, have been as good as could have been obtained from any other person — they may even at the time have been better. But still so inflexible is the rule that no inquiry on that subject is permitted. The English authorities on this head are numerous and uniform.
Σελίδα 230 - ... he keeps the contract alive for the benefit of the other party as well as his own. He remains subject to all his own obligations and liabilities under it, and enables the other party not only to complete the contract, if so advised, notwithstanding his previous repudiation of it, but also to take advantage of any supervening circumstances which would justify him in declining to complete it.
Σελίδα 654 - Held, that it was an implied term of the contract that the defendant would produce sufficient butter to pay for the plant within a reasonable time, and that evidence as to the conditions existing at the date of the contract was admissible on this point. But...
Σελίδα 270 - ... and as respects the payment of costs of administration and other matters in relation to the administration of personal estate, and the powers, rights, duties, and liabilities of personal representatives in respect of personal estate, shall apply to real estate so far as the same are applicable, as if that real estate wore a chattel real vesting in them...
Σελίδα 223 - the direct and immediate fruits of the contract." they are free from this objection; they are then "part and parcel of the contract itself, entering into and constituting a portion of its very elements; something stipulated for, the right to the enjoyment of which is just as clear and plain as to the fulfillment of any other stipulation.
Σελίδα 222 - The other party may adopt such renunciation of the contract by so acting upon it as in effect to declare that he too treats the contract as at an end, except for the purpose of bringing an action upon it for the damages sustained by him in consequence of such renunciation.