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 xx
... judgment . By lapse of time 383 383 • Accord and satisfaction 383 384 386 CHAPTER IV . Discharge of Contract by Impossibility of Performance . Impossibility distinguished from unreal consideration and mistake . 390 Subsequent ...
... judgment . By lapse of time 383 383 • Accord and satisfaction 383 384 386 CHAPTER IV . Discharge of Contract by Impossibility of Performance . Impossibility distinguished from unreal consideration and mistake . 390 Subsequent ...
Page xxii
... judgment 438 Legal relation arising from account stated 439 Legal relation arising from money paid by plaintiff for defendant Legal relation arising from money received by defendant to plain- 439 tiff's use 440 APPENDIX . Form of ...
... judgment 438 Legal relation arising from account stated 439 Legal relation arising from money paid by plaintiff for defendant Legal relation arising from money received by defendant to plain- 439 tiff's use 440 APPENDIX . Form of ...
Page lxii
... judgment of the other a ground for refusing specific performance . * P . 227. Flood v . Jackson , [ 1895 ] 2 Q. B. at pp . 26 , 27. Kennedy , J. , points out that a malicious inducement to discharge a person from his em- ployer's ...
... judgment of the other a ground for refusing specific performance . * P . 227. Flood v . Jackson , [ 1895 ] 2 Q. B. at pp . 26 , 27. Kennedy , J. , points out that a malicious inducement to discharge a person from his em- ployer's ...
Page 3
... judgment in the Common Pleas used language suggesting that a mere mental consent uncommunicated to the other party might create a binding agreement . Lords Selborne and Blackburn express their dissent from such a proposition , the ...
... judgment in the Common Pleas used language suggesting that a mere mental consent uncommunicated to the other party might create a binding agreement . Lords Selborne and Blackburn express their dissent from such a proposition , the ...
Page 9
... judgment of a court Judg of competent jurisdiction ordering something to be done ment . or forborne by one of two parties in respect of the other . It is an obligation of this character which is unfortunately styled a contract of record ...
... judgment of a court Judg of competent jurisdiction ordering something to be done ment . or forborne by one of two parties in respect of the other . It is an obligation of this character which is unfortunately styled a contract of record ...
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.