Principles of the English Law of Contract and of Agency in Its Relation to ContractMacmillan, 1895 - 456 pages |
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Page xvi
... damages : exceptions . Estoppel . 3. Fraud . Essential features A false representation Of a material fact Made intentionally or recklessly With intent that it be acted upon by the injured party Which actually deceives Effects of fraud ...
... damages : exceptions . Estoppel . 3. Fraud . Essential features A false representation Of a material fact Made intentionally or recklessly With intent that it be acted upon by the injured party Which actually deceives Effects of fraud ...
Page xx
... Damages rules for measuring 375 Specific performance and injunction 378 4. Discharge of right of action arising from breach 382 By consent of the parties Release By judgment . By lapse of time 383 383 • Accord and satisfaction 383 384 ...
... Damages rules for measuring 375 Specific performance and injunction 378 4. Discharge of right of action arising from breach 382 By consent of the parties Release By judgment . By lapse of time 383 383 • Accord and satisfaction 383 384 ...
Page lxii
... damages for injury resulting from such neglect . Every yacht owner who sailed his yacht in competition for such prizes thereby contracted with every other owner who sailed his yacht to abide by the rules or to pay damages if injury ...
... damages for injury resulting from such neglect . Every yacht owner who sailed his yacht in competition for such prizes thereby contracted with every other owner who sailed his yacht to abide by the rules or to pay damages if injury ...
Page 10
... damages for its breach . I cannot think it desirable to push legal analysis so far as to disregard altogether the aspect in which men view their business transactions . At the same time I feel it diffi- cult to do justice to the ...
... damages for its breach . I cannot think it desirable to push legal analysis so far as to disregard altogether the aspect in which men view their business transactions . At the same time I feel it diffi- cult to do justice to the ...
Page 41
... damages for its breach.1 But the matter is complicated in Dickinson v . Dodds by the fact that the plaintiff , when he communicated his acceptance , had been informed by a third party that the property was sold to another , and the ...
... damages for its breach.1 But the matter is complicated in Dickinson v . Dodds by the fact that the plaintiff , when he communicated his acceptance , had been informed by a third party that the property was sold to another , and the ...
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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.