Principles of the English Law of Contract and of Agency in Its Relation to ContractMacmillan, 1895 - 456 pages |
From inside the book
Results 1-5 of 76
Page 3
... circumstances of the case.2 5. The consequences of agreement must affect the parties themselves . Otherwise , the verdict of a jury or the decision of a court sitting in banco would satisfy the foregoing requisites of agreement.3 ...
... circumstances of the case.2 5. The consequences of agreement must affect the parties themselves . Otherwise , the verdict of a jury or the decision of a court sitting in banco would satisfy the foregoing requisites of agreement.3 ...
Page 18
... circumstances is a mere question of evidence . If a request is to be implied from circum- stances it is the same as if there was an express request . ' The Court of Appeal held that the evidence was sufficient a The facts stated in ...
... circumstances is a mere question of evidence . If a request is to be implied from circum- stances it is the same as if there was an express request . ' The Court of Appeal held that the evidence was sufficient a The facts stated in ...
Page 20
... circumstances acquiescence cannot be presumed from ( b ) Silence silence . Where the offer is not communicated to the party to whom it is intended to be made , there is no opportunity of rejection ; hence there is no pre- sumption of ...
... circumstances acquiescence cannot be presumed from ( b ) Silence silence . Where the offer is not communicated to the party to whom it is intended to be made , there is no opportunity of rejection ; hence there is no pre- sumption of ...
Page 24
... not give consent . Royal Ins . Co. v . Beatty , 119 Pa . St. 6 , H. & W. 21. Though otherwise if circumstances impose upon acceptance may be fested . § 5. Acceptance is communicated 24 Part II . FORMATION OF CONTRACT .
... not give consent . Royal Ins . Co. v . Beatty , 119 Pa . St. 6 , H. & W. 21. Though otherwise if circumstances impose upon acceptance may be fested . § 5. Acceptance is communicated 24 Part II . FORMATION OF CONTRACT .
Page 28
... circumstances ; and secondly , that an acceptance in the mode indicated by the offeror concludes the contract . Cooke v . Orne , 37 Ill . 186 ; Davis v . Wells , supra . ( 3 ) Where the guaranty relates to future advances there is a ...
... circumstances ; and secondly , that an acceptance in the mode indicated by the offeror concludes the contract . Cooke v . Orne , 37 Ill . 186 ; Davis v . Wells , supra . ( 3 ) Where the guaranty relates to future advances there is a ...
Contents
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Other editions - View all
Common terms and phrases
acceptance agent agreed agreement ance apply arising assignment assumpsit authority benefit binding bound breach champerty Chancery charter-party chose in action circumstances common law condition consideration courts of equity covenant creditor damages debt debtor deceit deed defendant discharge effect enforced entered entitled equity estoppel evidence Exch executed executory existence express fact false forbearance fraud give given ground House of Lords illegal implied infant intention judgment liability Lord Lord Cairns married woman 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 recover regarded remedy representation right of action rule separate estate simple contract specific performance statement statute Statute of Frauds Stimson sued supra third party tion tract transaction unless valid Vict void voidable wager warranty
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.