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acceptance action actual agent agreement appears apply assignment assumpsit authority Bank Beav benefit bill binding bound champerty common law condition consent consideration contract corporation courts of equity covenant creditor debt debtor decision deed defendant doctrine duty effect enforce England English English law entitled evidence executed existence express fact fraud given ground held House of Lords illegal infant instrument intention Jones judgment kind L. J. Ch L. J. Ex land law merchant Law Rev liable limited London marriage matter ment mistake modern negotiable instruments obligation offer particular parties payment plaintiff principal promise promisor proposal purchaser purpose Q. B. Div question reason recover remedy rescind Roman law rule seal seems Smith statute Statute of Frauds sued thing third person tion tract transaction trust unlawful valid vendor Vict void voidable
Side 170 - ... or upon any agreement that is not to be performed within the space of one year from the making thereof, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith or some other person thereunto...
Side 305 - ... 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.
Side 321 - ... 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 158 - Accordingly, it would seem to be a sound rule of law, that wherever a corporation is acting within the scope of the legitimate purposes of its institution, all parol contracts made by its authorized agents, are express promises of the corporation ; and all duties imposed on them by law, and all benefits conferred at their request, raise implied promises, for the enforcement of which an action may well lie.
Side 322 - The principle seems to us to be that, in contracts in which the performance depends on the continued existence of a given person or thing, a condition is implied that the impossibility of performance arising from the perishing of the person or thing shall excuse the performance.
Side 574 - Where a contract of sale is not severable, and the buyer has accepted the goods, or part thereof, or where the contract is for specific goods, the property in which has passed to the buyer, the breach of any condition to be fulfilled by the seller can only be treated as a breach of warranty, and not as a ground for rejecting the goods and treating the contract as repudiated, unless there be a term of the contract, express or implied, to that effect.
Side 513 - But every one has a right to select and determine with whom he will contract, and cannot have another person thrust upon him without his consent. In the familiar phrase of Lord Denman, " You have the right to the benefit you anticipate from the character, credit and substance of the party with whom you contract.
Side 424 - But there are exceptions : restraints of trade and interference with individual liberty of action may be justified by the special circumstances of a particular case. It is a sufficient justification, and indeed it is the only justification, if the restriction is reasonable — reasonable, that is, in reference to the interests of the parties concerned and reasonable in reference to the interests of the public, so framed and so guarded as to afford adequate protection to the party in whose favour...