Principles of Contract at Law and in Equity: Being a Treatise on the General Principles Concerning the Validity of Agreements, with a Special View to the Comparison of Law and Equity, and with References to the Indian Contract Act, and Occasionally to Roman, American, and Continental Law, Side 776

Forside
Stevens, 1876 - 606 sider
 

Innhold

32
307
Generally lex loci solutionis prevails
308
Impossibility at date of contract from existing state of things
315
CHAPTER VII
322
Broun Kennedy 427 515
329
Purchase of ones own property
332
Clifford v Watts
339
Error as to sample in case of sale by sample
340
such default of promisor
345
peculiar treatment of them
351
Agreement impossible in itself is void
353
Except in certain special cases and except so far as in the case
362
where certainly or probably not applic
368
Thoroughgoods case
374
Butler Cumpston 67
388
Seale
390
Mistake in expressing true Consent
406
Peculiar rules of construction in equity
413
3339
421
Appendix D
429
Appendix
442
Marine Insurance
449
three classes of cases dis
455
Dinely 34
463
CHAPTER X
471
The representation relied on must be of fact
477
Representation must be in same transaction
485
Logical impossibility
489
No rescission where the former state of things cannot be restored
491
Special duty of shareholders in companies
497
Hawley 388
498
Corporations cannot bind themselves by negotiable instruments
503
Bailys case 9
531
Dealings by agent executor c against his duty
534
Appendix
542
Conditions precedent to remedy not satisfied
553
B The Slip in marine insurance
562
No remedy at
571
A converse case on repeal of usury laws
581
Spittle 389 427 458
582
Impossibility merely relative to promisor no excuse
591
Certain contracts of Infants binding by custom
593
Agreements in restraint of marriage
598
226
603
Independent promises where some lawful and some
604

Andre utgaver - Vis alle

Vanlige uttrykk og setninger

Populære avsnitt

Side 301 - No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act.
Side 254 - It must not be forgotten that you are not to extend arbitrarily those rules which say that a given contract is void as being against public policy, because if there is one thing which more than another public policy requires it is that men of full age and competent understanding shall have the utmost liberty of contracting, and that contracts when entered into freely and voluntarily shall be held sacred and shall be enforced by courts of justice.
Side 39 - No action shall be brought whereby to charge any person upon any promise made after full age to pay any debt contracted during infancy, or upon any ratification made after full age of any promise or contract made during infancy, whether there shall or shall not be any new consideration for such promise or ratification after full age.
Side 550 - Car. 2. c. 3. § 4., enacts, that " no action shall be brought whereby to charge any executor or administrator, upon any special promise, to answer damages out of his own estate...
Side 334 - ... of the contract arrived some particular specified thing continued to exist, so that, when entering into the contract, they must have contemplated such continuing existence as the foundation of what was to be done...
Side 12 - The defendants must be considered in law as making, during every instant of the time their letter was travelling, the same identical offer to the plaintiffs, and then the contract is completed by the acceptance of it by the latter.
Side 542 - Constructive fraud consists: 1. In any breach of duty which, without an actually fraudulent intent, gains an advantage to the person in fault, or any one claiming under him, by misleading another to his prejudice, or to the prejudice of any one claiming under him; or, 2. In any such act or omission as the law specially declares to be fraudulent, without respect to actual fraud.
Side 452 - ... where the misdescription, although not proceeding from fraud, is in a material and substantial point, so far affecting the subjectmatter of the contract, that it may reasonably be supposed, that, but for such misdescription, the purchaser might never have entered into the contract at all, in such case the contract is avoided altogether, and the purchaser is not bound to resort to the clause of compensation.
Side 410 - ... but only to prevent the defendant from using the written document in a manner inconsistent with the real agreement, there was no difficulty raised by the Statute of Frauds, " which does not make any signed instrument a valid contract by reason of the signature, if it is not such according to the good faith and real intention of the parties.

Bibliografisk informasjon