Principles of the English Law of Contract and of Agency in Its Relation to ContractMacmillan, 1895 - 456 pages |
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Page ix
... remedies have become gradually apparent in judicial decisions . Thus it has been necessary to alter parts of my book from time to time , but in this , the sixth , edition I have made many changes for the sake of greater clearness and ...
... remedies have become gradually apparent in judicial decisions . Thus it has been necessary to alter parts of my book from time to time , but in this , the sixth , edition I have made many changes for the sake of greater clearness and ...
Page xvi
... Remedies ex delicto . • · 174 • 176 • 179 184 192 199 • 199 201 203 203 206 207 213 214 • 215 • 215 216 Remedies ex contractu 4. Duress . Its nature and effect 218 5. Undue Influence . How distinguished from fraud 219 When presumed 220 ...
... Remedies ex delicto . • · 174 • 176 • 179 184 192 199 • 199 201 203 203 206 207 213 214 • 215 • 215 216 Remedies ex contractu 4. Duress . Its nature and effect 218 5. Undue Influence . How distinguished from fraud 219 When presumed 220 ...
Page xx
... Remedies for breach 374 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 ...
... Remedies for breach 374 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 ...
Page xxi
... Remedies when the agent is not liable on the contract 420 Relations of parties where principal is unnamed : Extent of agent's liability . 422 · Relations of parties where existence of principal is undisclosed : Alternative liability of ...
... Remedies when the agent is not liable on the contract 420 Relations of parties where principal is unnamed : Extent of agent's liability . 422 · Relations of parties where existence of principal is undisclosed : Alternative liability of ...
Page 17
... remedy . " Smith , J. , in Bixby v . Moor , 51 N. H. 402 , H. & W. 378 . 2 Day v . Caton , 119 Mass . 513 ; Curry v . Curry , 114 Pa . St. 367 ; Hertzog v . Hertzog , 29 Pa . St. 465 , H. & W. 1 ; Cicotte v . Church of St. Anne , 60 ...
... remedy . " Smith , J. , in Bixby v . Moor , 51 N. H. 402 , H. & W. 378 . 2 Day v . Caton , 119 Mass . 513 ; Curry v . Curry , 114 Pa . St. 367 ; Hertzog v . Hertzog , 29 Pa . St. 465 , H. & W. 1 ; Cicotte v . Church of St. Anne , 60 ...
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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.