 The principle seems to us to be that in contracts in which the performance depends on the continued existence of a given person or thing, a condition is implied, that the impossibility arising from the perishing of the person or thing shall excuse the...  The Canadian Law Times - Σελίδα 3631901Πλήρης προβολή - Σχετικά με αυτό το βιβλίο
 | Illinois. Supreme Court - 1909 - 720 σελίδες
...error: In contracts from the nature of which it is apparent that the parties contracted on the basis of continued existence of a given person or thing, a condition is implied that if the performance becomes impossible from the perishing of the person or thing, that shall excuse... | |
 | Mississippi. Supreme Court - 1890 - 892 σελίδες
...Am. Rep. 62, and cases cited ; Benj. Sales 424. It is the English rule, that " in contracts in which performance depends on the continued existence of...thing, a condition is implied that the impossibility arising from the perishing of the person or thing shall excuse non-performance." The destruction of... | |
 | 1919 - 970 σελίδες
...plant. It is an undoubtedly sound principle of the law of contracts that, when the performance thereof depends on the continued existence of a given person...thing, a condition is implied that the impossibility arising from the perishing of the person or thing excuses performance, but we must confess that we... | |
 | Minnesota. Supreme Court - 1903 - 608 σελίδες
...but If, from the nature of the contract. It is apparent that the parties contracted on the basis of the continued existence of a given person or thing, a condition Is Implied that if the performance becomes impossible from the death of the person, or by the perishing of the thing,... | |
 | Gabriël Moens - 2005 - 276 σελίδες
...122 ER 309. 19 Ibid. The court, changing its traditional opinion, stated: '[T]he principle seems ... to be that, in contracts in which the performance...that the impossibility of performance arising from thejjerishing of the person or thing shall excuse the performance.' For an analysis, see AH, Puelinckx,... | |
 | J. M. Smits - 2006 - 841 σελίδες
...liable because the contract had been discharged by frustration; as the latter Lord Blackburn put it, 'a condition is implied that the impossibility of performance arising from the perishing of a person or thing shall excuse the performance' (at 839). A further aspect was added to the doctrine... | |
 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - 1898 - 780 σελίδες
...the death of either party, upon the ground that, " in contracts in which the performance depends upon the continued existence of a given person or thing,...the impossibility of performance arising from the perVolk and others vs. Stowell. ishing of the person or thing shall excuse the performance, because,... | |
 | MC Shukla - 2010 - 748 σελίδες
...as promised. 1 16. See I.eake on Contract*, p. 513. Blackburn J. observed in this case as follows: "In contracts in which the performance depends on...of a given person or thing, a condition is implied that.the impossibility of performance arising from the perishing of the person or thing shall excuse... | |
 | 1923 - 1074 σελίδες
...continued existence of person or thing terminated by death of person or destruction of thing. When performance depends on the continued existence of a given person or thing, and such continued existence was assumed as a basis of agreement, the death of the person or the destruction... | |
 | 1928 - 1638 σελίδες
...remodeling was abandoned, making further performance of his contract impossible. Under the rule that when performance depends on the continued existence of a given person or thing, and such a continued existence is assumed as a basis of agreement, the destruction of the thing puts... | |
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