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
Stevens, 1876 - 606 sider
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Principles of Contract at Law and in Equity: Being a Treatise on the General ...
Uten tilgangsbegrensning - 1876
acceptance Act of Parliament action agent agree agreement apply assent assignment authority Beav benefit bill bind bound champerty common law Companies Act 1862 condition consent consideration contract corporation Court of Exchequer courts of equity covenant creditor debt debtor decision deed defendant doctrine duty effect enforced England English law evidence executed existence express fact fraud given ground held House of Lords husband illegal impossible infant instrument intention interest judgment kind L. J. Ex law merchant liable Lindley Lord marriage married matter ment mistake modern nature negotiable instruments obligation particular parties partnership payment performance plaintiff principle promise promisor proposal purchaser purpose question reason recover rule Savigny seal seems separate estate shareholders shares statute Statute of Frauds sued supra thing third person tion tract transaction treated trust unlawful valid vendor Vict void voidable
Side 320 - One who sells the good-will of a business may agree with the buyer to refrain from carrying on a similar business within a specified county, city, or a part thereof, so long as the buyer, or any person deriving title to the good-will from him, carries on a like business therein.
Side 284 - Prima facie it is the privilege of a trader in a free country, in all matters not contrary to law, to regulate his own mode of carrying it [his trade] on according to his own discretion and choice.
Side 401 - Ignorantia juris haud excusat; but in that maxim the word 'jus' is used in the sense of denoting general law, the ordinary law of the country. But when the word 'jus' is used in the sense of denoting a private right, that maxim has no application. Private right of ownership is a matter of fact ; it may be the result also of matter of law; but if parties contract under a mutual mistake and misapprehension as to their relative and respective rights, the result is, that that agreement is liable to be...
Side 263 - Public policy and sound morality do, therefore, imperatively require that courts should put the stamp of their disapprobation on every act. and pronounce void every contract the ultimate or probable tendency of which would be to sully the purity or mislead the judgments of those to whom the high trust of legislation is confided.
Side 14 - ... till after they had received the notification that the defendants had received their answer and assented to it. And so it might go on ad infinitum.
Side 256 - 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 compeMcKay v.
Side 447 - ... breach of warranty. But it would be better to distinguish such cases as a non-compliance with a contract which a party has engaged to fulfil ; as, if a man offers to buy peas of another, and he sends him beans, he does not perform his contract; but that is not a warranty, there is no warranty that he should sell him peas ; the contract is to sell peas, and if he sends him anything else in their stead, it is a non-performance of it.
Side 41 - That no action shall be maintained whereby to charge any person upon any promise made, after full age, to pay any debt contracted during infancy, or upon any ratification, after full age, of any promise or simple contract made during infancy, unless such promise or ratification shall be made by some writing, signed by the party to be charged therewith.
Side 506 - ... exactly as a stranger would have done, taking no advantage of his influence or knowledge, putting the other party on his guard, bringing everything to his knowledge which he himself knew. In short, the rule rightly considered, is, that the person standing in such relation must, before he can...