Principles of the English Law of Contract and of Agency in Its Relation to Contract
Macmillan, 1895 - 456 pages
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Common terms and phrases
acceptance action agent agreed agreement amount answer appear applied arise assignment authority becomes benefit bill binding bound breach called circumstances claim common common law condition consider consideration contract court created creditor damages deal debt decision deed defendant delivered discharge effect enforced entered entitled evidence exceptions executed existence express fact forbearance fraud give given ground held illegal implied infant intention interest judgment land letter liability limited Lord Mass matter means ment mistake nature necessary obligation offer original paid parties payment performance person plaintiff present principal promise purchase question reasonable received recover regarded relation remedy representation request respect result rule seal statement statute sued supplied thing third tion tract transaction unless valid Vict void wager writing
Page 390 - But 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 67 - No action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate...
Page 443 - Be it known that as well in own name as for and in the name and names of all and every other person or persons to whom the same doth, may, or shall appertain, in part or in all...
Page 83 - Rule 1 . - Where there is an unconditional contract for the sale of specific goods in a deliverable state the property in the goods passes to the buyer when the contract is made, and it is immaterial whether the time of payment or the time of delivery, or both be postponed.
Page 443 - Ship, or the Master thereof, is or shall be named or called, beginning the Adventure upon the said Goods and Merchandises from the loading thereof aboard the said Ship...
Page 442 - Ship called the whereof is Master for this present Voyage and now riding at Anchor in the and bound for to say being marked and numbered as in the Margin, and are to be delivered...
Page 81 - ... the buyer shall accept part of the goods or choses in action so contracted to be sold or sold, and actually receive the same...
Page 231 - That all contracts or agreements, whether by parole or in writing, by way of gaming or wagering, shall be null and void ; and that no suit shall be brought or maintained in any court of law or equity for recovering any sum of money or valuable thing alleged to be won upon any wager, or which shall have been deposited in the hands of any person to abide the event on which any wager shall have been made...
Page 337 - London, (the act of God, the queen's enemies, fire, and all and every other dangers and accidents of the seas, rivers, and navigation, of whatever nature and kind soever, excepted,) unto order or to assigns, he or they paying freight for the said goods at 51.
Page 81 - ... sold, and actually receive the same, or give something in earnest to bind the contract, or in part payment, or unless some note or memorandum in writing of the contract or sale be signed by the party to be charged or his agent in that behalf.