Principles of the English Law of Contract and of Agency in Its Relation to ContractMacmillan, 1895 - 456 pages |
From inside the book
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Page lxii
... arise from an inducement to break a contract , as in Lumley v . Gye , and other cases , but it need not do so . It is the malicious interference with another man in his trade or livelihood which , apart from contract , furnishes the ...
... arise from an inducement to break a contract , as in Lumley v . Gye , and other cases , but it need not do so . It is the malicious interference with another man in his trade or livelihood which , apart from contract , furnishes the ...
Page 1
... arise for discussion . We must first ascertain what we mean by contract , and what is the relation of contract to other legal conceptions . contract . Next we must ask how a contract is made ; what things Its forma- are needful to the ...
... arise for discussion . We must first ascertain what we mean by contract , and what is the relation of contract to other legal conceptions . contract . Next we must ask how a contract is made ; what things Its forma- are needful to the ...
Page 8
... arise from agreement . find that form of agreement which constitutes contract . An offer is made by one , accepted by another , so that the same thing is , by mutual consent , intended by the one and expected by the other ; and the ...
... arise from agreement . find that form of agreement which constitutes contract . An offer is made by one , accepted by another , so that the same thing is , by mutual consent , intended by the one and expected by the other ; and the ...
Page 9
... arise from breach of contract . While Breach of A is under promise to X , X has a right against A to the contract . performance of his promise when performance becomes due , and to the maintenance up to that time of the contractual ...
... arise from breach of contract . While Breach of A is under promise to X , X has a right against A to the contract . performance of his promise when performance becomes due , and to the maintenance up to that time of the contractual ...
Page 10
... arise incidentally to an agreement which has for its direct object the transfer of property . In the case of a convey- ance of land with covenants annexed , or the sale of a chattel with a warranty , the obligation hangs loosely to the ...
... arise incidentally to an agreement which has for its direct object the transfer of property . In the case of a convey- ance of land with covenants annexed , or the sale of a chattel with a warranty , the obligation hangs loosely to the ...
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Common terms and phrases
acceptance agent agreed agreement ance arising assignment assumpsit authority benefit binding bound buyer champerty Chancery charter-party chose in action circumstances common law condition consideration court of equity covenant creditor damages debt debtor deed defendant discharge effect enforced English law entered entitled equity estoppel evidence Exch executed executory existence express fact forbearance fraud give given ground House of Lords illegal implied infant intention judgment liability Lord Mass ment Minn misrepresentation mistake negotiable instrument obligation offer offeror paid parol payment person plaintiff principal promise to pay promisor promissory note purchase quasi-contract reasonable recover regarded relation remedy representation request right of action rule ship simple contract specific performance statement statute Statute of Frauds Stimson sued supra third party tion tract transaction unless valid Vict void voidable wager warranty writing
Popular passages
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.