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" ... where a contract is made with reference to certain anticipated circumstances, and where, without any default of either party, it becomes wholly inapplicable to or impossible of application to any such circumstances, it ceases to have any application;... "
Reports of Cases Decided by the English Courts: With Notes and References to ... - Σελίδα 278
των Nathaniel Cleveland Moak - 1878
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The Law Relating to Covenants Running with Land

Richard Cuthbert Brown - 1907 - 268 σελίδες
...2K.B. 756; C handler v. Webster, [1904] 1 KB 493. Similarly, where an event cannot be supposed to have been in the contemplation of the parties when the contract was made, they will not be held bound by general words which were not used with reference to the particular contingency...

Cardinal Rules of Legal Interpretation

Edward Beal - 1908 - 766 σελίδες
...such circumstances, it ceases to have any application ; it cannot be applied to other circumstances which could not have been in the contemplation of the parties when the contract was made.' " — Bwh v. Whitehaven Trustees (1888), 52 JP 392, at p. 393, Lord Coleridge, CJ " The real question...

The Elements of Commercial Law

Henry William Disney - 1908 - 240 σελίδες
...must be interpreted reasonably and liberally, and no strained or far-fetched meaning unlikely to have been in the contemplation of the parties when the contract was made should be given to any term in it. " STAMPS AND RECEIPTS Stamps. — Many written documents, and almost...

A Treatise on the Law Relating to the Carriage of Goods by Sea

Thomas Gilbert Carver, Robert Alderson Wright Baron Wright - 1909 - 1156 σελίδες
...such circumstances, it ceases to have any application, it cannot be applied to other circumstances which could not have been in the contemplation of the parties when the contract was made." Keating, J., agreed with this ; but Bovill, CJ, took a different view, and considered that the charterers...

Wisconsin Reports, Τόμος 135

Wisconsin. Supreme Court, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold, Arnold LeBell - 1909 - 796 σελίδες
...land was used for farm and pasturage purposes, and the use for hauling sand over the road by defendant could not have been in the contemplation of the parties when the contract was made. This fact is important in construing the contract. A grant of a right of way should be construed Meinecke...

Reports of Cases Argued and Determined in the Supreme Court of ..., Τόμος 140

Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - 1910 - 788 σελίδες
...similar appliances," and it was held that they did not include an interlocking system, since such system could not have been in the contemplation of the parties when the contract was made. The question arose under a contract between the two companies, parties to the contract, while here...

The American and English Railroad Cases: A Collection of All Cases ...

1910 - 860 σελίδες
...similar appliances," and it was held that they did not include an interlocking system, since such system could not have been in the contemplation of the parties when the contract was made. The question arose under a contract between the two companies, parties to the contract, while here...

The Revised Reports: Being a Republication of Such Cases in the ..., Τόμος 117

Frederick Pollock, Robert Campbell, Oliver Augustus Saunders, Arthur Beresford Cane, Joseph Gerald Pease, William Bowstead - 1910 - 1182 σελίδες
...opinion, entitled to any damages in respect of the fall in the market price of the wheat; for that could not have been in the contemplation of the parties when the contract was made ; nor can it be said to have been in any way the natural result of the defendant's breach of contract....

Berks County Law Journal, Τόμος 3

Randolph Stauffer, Wellington M. Bertolet - 1911 - 522 σελίδες
...the direct and proximate consequence of the breach, and so connected with the stipulation as to have been in the contemplation of the parties when the contract was made: Adams Express Co. vs. Egbert, 36 Pa. 360; Rillmeyer vs. Wagner, 91 Pa. 92. In the opinion in the case...

Wright's Law of Landlord and Tenant

Sidney Wright, Sydney E. Pocock - 1914 - 700 σελίδες
...such portion, then the covenant requires this to be done, (c) Where there are changes of circumstances which could not have been in the contemplation of the parties when the covenants were entered into, the covenant must be construed with reference to that limitation, (d)...




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