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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
Πλήρης προβολή - Σχετικά με αυτό το βιβλίο

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

United States. National Railroad Adjustment Board - 1938 - 1060 σελίδες
...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 - 764 σελίδες
...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...

Reports of Commercial Cases: V. I-XLVI, 1895/96-1940/41, Τόμος 6

Great Britain. Commercial Court - 1901 - 360 σελίδες
...becomes wholly inapplicable to any such circumstances, it cannot be applied to other rireuntstarlces which could not have been in the contemplation of the parties when the contract was made ; but when a party to a contract promises the other party to do a certain thing, or to have a certain...

The Law Times Reports: Containing All the Cases Argued and ..., Τόμος 118

1918 - 866 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." If these words of Brett, J. are applied to their widest extent they may well effect a revolution of...

The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

1873 - 840 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...discussion, where no benefit of any kind has accrued to the charterers, the shipowner has lost his power of earning any part of the chartered freight. The immediate...

The Law Journal Reports, Τόμος 42

1873 - 1014 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...discussion, where no benefit of any kind has accrued to the charterers, the shipowner has lost his power of earning any part of the chartered freight. The immediate...

Reports of Cases Argued and Determined in the ..., Τόμος 3,Μέρος 6;Τόμος 6

Rhode Island. Supreme Court - 1862 - 652 σελίδες
...existence at the time of the execution of the lease, was novel and extraordinary in its character, and could not have been in the contemplation of the parties when the covenant was made. THESE were actions of debt, brought by the plaintiffs, claiming as interested, jointly...

Reports of Cases Argued and Determined in the Supreme Court of ..., Τόμοι 75-76

Oklahoma. Supreme Court, Edward Bell Green, Frank Dale, John Henry Burford, Robert Lee Williams, Matthew John Kane, Howard J. Parker, Charles Winfield Van Eaton - 1919 - 738 σελίδες
...contractor's failure to complete the building in time, provided the damages are such as may be said to have been in the contemplation of the parties when the contract was made." The only difference between the principal case and the case at bar is that in the case at l>ar the...

Reports of Cases Determined in the Courts of Appeal of the State ..., Τόμος 53

1923 - 940 σελίδες
...are the natural and proximate result of the company's default, and may be fairly considered to have been in the contemplation of the parties when the contract was made." We may refer to some of the cases cited therein as illustrating the application of the rule. In Western...

Lloyd's List Law Reports, Τόμος 24

1926 - 506 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. When this was affirmed in the Exchequer Chamber, LR 10 CP 124, at p. 144, Bramwell, В., speaking of...




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