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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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Cases on the Law of Damages

Ralph Stanley Bauer - 1923 - 763 σελίδες
...of the former the law does not consider too remote damages, which may be reasonably supposed to have been in the contemplation of the parties when the contract was made. It cannot fairly be said that the robbery was the natural consequence of overcrowding the railway carriage....

Administrative Decisions and Opinions of a General Nature and ..., Τόμος 1

Mixed claims commission (U.S. and Germany) c - 1925
...an act of war ; that such sinking was in violation of the rules of international law and was not and could not have been in the contemplation of the parties when the policies were issued; that Germany's act in sinking the Lusitania. forced the premature payment of...

The Federal Reporter, Τόμος 88

1898
...and necessary consequence of a breach of the warranty a» may fairly be supposed to have entered into the contemplation of the parties when the contract was made. Such a recovery is not sanctioned by authority. Griffin v. Colver, 16 NY 489; Baldwin v. Telegraph Co., 45...

The Federal Reporter, Τόμος 138

1905
...libelants did not constitute the measure of damages recoverable by them for breach of the charter, since it could not have been in the contemplation of the parties when the charter was made, but that the measure of damages was the market value in Baltimore of the 90,000 feet...

The Central Law Journal, Τόμος 86

1918
...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." The Allen case supra says: "If these words of Brett J. are applied in their widest extent they may...

Reports of Cases Determined in the Supreme Court of New Brunswick, Τόμος 21

New Brunswick. Supreme Court, Ward Chipman, Sir John Campbell Allen, George F. S. Berton, David Shank Kerr, James Hannay, William Pugsley, Arthur I. Trueman, George Wheelock Burbidge - 1882
...either or both policies." The Judges in the Court below differed. Brett and Keating, Justices, hold — "In such a state of things arising under a charter-party, such as the cha; ter-party under discussion, where no benefit of any kind has accrued to the charterers, the ship...

The Saskatchewan Law Reports, Τόμος 13

1921
...of the former the law does not consider too remote damages which may be reasonably supposed to have been in the contemplation of the parties when the contract was made. The distinction between tort and contract made in this case was referred to by Lord Halsbury, LC, in...

United States Reports: Cases Adjudged in the Supreme Court, Τόμος 290

United States. Supreme Court - 1934
...determine whether this contingency is of such a character that it can reasonably be implied to have been in the contemplation of the parties when the contract was made. Bearing in mind these aids toward determining whether such an implied condition may be read into a...

Awards ... First Division, National Railroad Adjustment Board, Τόμος 11

United States. National Railroad Adjustment Board - 1938
...selfpropelled roadway machines were placed in operation on these linos, the operation of such machines could not have been in the contemplation of the parties when the rule was written. In either case, whether a statute or a contract is the subject of interpretation,...

The Insurance Law Journal, Τόμος 1

1872
...literal compliance with the said provision)* of the policy concerning buckets, was not required and could not have been in the contemplation of the parties when the policy was made, but all that was required by the plaintiff' in order to comply with such stipulation...




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