A Treatise on the Law of Contracts and Rights and Liabilities Ex ContractuLea and Blanchard, 1847 - 910 pages |
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Page 17
... promise must have obtained some advantage , or the party to whom it is made must have suffered some loss , or sustained some injury and inconvenience , in consequence of the C one party making , and the other accepting the promise.
... promise must have obtained some advantage , or the party to whom it is made must have suffered some loss , or sustained some injury and inconvenience , in consequence of the C one party making , and the other accepting the promise.
Page 18
... promise not under seal , is therefore absolutely void ; it has no legal existence or power . " ( c ) Gratuitous promises and undertakings not clothed with the formalities prescribed by the civil law to render them legally binding , were ...
... promise not under seal , is therefore absolutely void ; it has no legal existence or power . " ( c ) Gratuitous promises and undertakings not clothed with the formalities prescribed by the civil law to render them legally binding , were ...
Page 19
... promise to another to keep him such certain goods safely to such a time , and after I refuse to take them , there lieth no action against me for it ; for if the promise be so naked , that there is no manner of consideration why it ...
... promise to another to keep him such certain goods safely to such a time , and after I refuse to take them , there lieth no action against me for it ; for if the promise be so naked , that there is no manner of consideration why it ...
Page 20
... promise to pay money to a person not entitled to receive it , is a nu- dum pactum , and no action will lie for the non - performance of the promise . ( m ) If an heir promise to pay the bond of his ancestor , when the heir is not bound ...
... promise to pay money to a person not entitled to receive it , is a nu- dum pactum , and no action will lie for the non - performance of the promise . ( m ) If an heir promise to pay the bond of his ancestor , when the heir is not bound ...
Page 21
... promise , without any new consideration , to pay an additional sum for the same work or the same services is a nudum pactum . ( p ) A promise or agreement to make a duty of a limited nature more ex- tensive , and to undertake a greater ...
... promise , without any new consideration , to pay an additional sum for the same work or the same services is a nudum pactum . ( p ) A promise or agreement to make a duty of a limited nature more ex- tensive , and to undertake a greater ...
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Common terms and phrases
agent agreed agreement amount assignee bailment behalf bill of exchange bind Bing bond bound breach brought Campb carrier charter party chattels chose in action common carrier common law common seal consideration court covenant coverture creditor damages debt deed defendant delivered delivery discharge distrained East entered entitled execution executors fraud granted held hirer horse husband indorsed innkeeper joint stock company land landlord latter lease lessee lessor letting and hiring liability Lord Lord Ellenborough loss maintain an action marriage master ment Moore obligation owner paid partner partnership payment performance person plaintiff possession Pothier principal promissory note purchaser received recover rent responsible right of action seal servant shareholders shares ship simple contract stamp statute Statute of Frauds surety Taunt tenant term thereof thing third party tion undertaking vendor wife
Popular passages
Page 418 - Car. 2. c. 3. § 4., enacts, that " no action shall be brought whereby to charge any executor or administrator, upon any special promise, to answer damages out of his own estate, or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Page 700 - ... when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Page 60 - ... no contract for the sale of any goods, wares, and merchandises, for the price of ten pounds sterling or upwards shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part...
Page 809 - ... silks in a manufactured or. unmanufactured state, and whether wrought up or not wrought up with other materials...
Page 344 - ... in case there shall be no special occupant of any estate pur autre vie, whether freehold or customary freehold, tenant right, customary or copyhold, or of any other tenure, and whether a corporeal or incorporeal hereditament, it shall go to the executor or administrator of the party that had the estate thereof by virtue of the grant...
Page 60 - ... be actually made, procured or provided or fit or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery...
Page 85 - ... upon any agreement that is not to be performed within the space of one year from the making thereof...
Page 81 - ... shall at any time after the said four and twentieth day of June be assigned, granted or surrendered, unless it be by deed or note in writing, signed by the party so assigning, granting or surrendering the same, or their agents thereunto lawfully authorized by writing, or by act and operation of law.
Page 147 - But a license to hunt in a man's park, and carry away the deer killed to his own use ; to cut down a tree in a man's ground, and to carry it away the next day after to his own use, are licenses as to the acts of hunting and cutting down the tree, but as to the carrying away of the deer killed and tree cut down, they are grants.
Page 110 - ... for the payment of any sum of money out of any particular fund which may or may not be available...