The Law of Contracts, Volum 2

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Baker, Voorhis & Company, 1920
 

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Innhold

Language will be construed most strongly against
1203
Conflict between prior and subsequent clauses 624
1210
Previous negotiations
1217
Scope of the rule
1223
Absolute written transfer may be proved by parol to be a mortgage 635
1230
Collateral agreements contradicting an implication of law 640
1238
Agreements collateral to negotiable paper 644
1245
Agreements collateral to deeds 645
1251
Characteristics of usage essential for its validity
1256
How far law may be changed by custom 655
1269
CHAPTER XXIII
1279
CHAPTER XXIV
1302
Excuse of conditions by conduct showing that the promisor will not perform
1304
A usage which the parties have indicated an intention not to adopt is ineffec
1312
Waiver of condition not yet broken or defence not yet arisen 689
1332
A promissory estoppel does not require an intent to surrender a right 691
1338
Agreement to discharge from a liability already arisen 694
1345
If goods are offered as full satisfaction they must be taken as such if taken
1353
Buyers agreement to surrender his right must be proved as a fact 706
1359
Exceptional cases where acceptance of goods does not preclude subsequent
1365
Damages recoverable by the buyer 715
1371
Effect of sellers assent to buyers acceptance of part 721
1377
Continuance of contract of employment after cause for discharge is known 725
1384
Waiver of vendors lien on real estate 729
1390
Effect of giving a worthless check 732
1396
Analogy of mortgage 737
1403
Whether consent to breach of condition on one occasion excuses similar future
1409
Application of the principle to contracts of sale insurance and employment 744
1418
Decisions holding that the parol evidence rule forbids enforcement of a parol
1425
Waiver of condition after the issue of the policy 752
1431
No affirmative action on the part of the insurer is generally necessary
1439
Necessity of written modification or waiver of conditions in policy 759
1447
Requesting proof of loss or appraisal 764
1453
Whether a breach of condition avoids an entire policy insuring several articles 766
1460
Conditions precedent as well as conditions concurrent are excused by
1466
Nonenforceability of provisions for forfeiture in mortgages 771
1473
Provisions for penalty are invalid in any contract 776
1480
Whether the liquidation must be reasonable 779
1486
The form of a contract cannot make a penalty enforceable 782
1494
Classification by Somerville J and by Lord Dunedin 784
1501
Other illustrations 787
1507
Instalment contracts 791
1513
A condition may involve a penalty or forfeiture 793
1519
Unreasonable but not fraudulent refusal of certificate 797
1525
CHAPTER XXVI
1558
An accrued right of action for breach of contract may be discharged by
1559
Differences in effect of the different theories 815
1564
Serjeant Williams Rules 820
1570
Fictitiously imputed intentions 825
1576
Order of performances when one or both take time 830
1584
When concurrent conditions are implied 835
1591
Effect of the place of performance on concurrent conditions 836
1598
Ignorance of the plaintiffs breach of contract when the defendant fails
1604
Promises in separate contracts 840
1606
Substantial performance 842
1614
Meaning of time being of the essence 846
1621
Time in building contracts 849
1627
Time is of the essence in equity in a contract of option 853
1634
Partly bilateral contracts 858
1641
When a contract will be construed as divisible 862
1649
English test of intent to repudiate 865
1656
Defect in quality of an instalment 868
1663
Whether the party first in default can ever recover 871
1670
Distinction between performance and preparation for performance 874
1677
Encumbered or incomplete title 879
1684
Both parties unable or unwilling to perform 882
1690
Reviving of sellers lien upon actual or threatened failure of consideration 886
1694
When performances in bilateral contracts are in exchange for one another 889
1701
Constructive eviction 892
1708
Promises impliedly conditional upon notice 894
1714
Passages in Digest and Code 896
1720
Application for dissolution must be made to the court 900
1726
Waiver and right to damages 904
1733
Provisions of the German Civil Code 910
1740
How far the defence is merely dilatory 914
1746
Acceptance of defective performance 918
1752
CHAPTER XXIX
1810
Restaurant keepers liability 996a
1811
Buyer is not bound to return goods wrongly delivered 960
1816
Risk where goods arc shipped under a bill of lading 966
1827
Definition of express warranty 970
1831
Intent to warrant 971
1833
No implied warranty of title in early law 976
1839
When the cause of action arises 980
1845
Specified goods and unspecified goods 985
1854
F1tness for a particular purpose 989
1861
Subsidiary warranties by manufacturer 992
1869
The sample as a representation as to the bulk 1003
1888
What is meant by sale by description 1008
1894
Extent of the sellers obligation in a sale to arrive 1011
1900
Diligent and skilful service 1014
1906
Servants duty of obedience 1017
1915
Employees duty to account 1021
1922
Employees duty in regard to information acquired by him 1025
1928
Compensation 1028
1934
CONTRACTS OF BAILMENT AND OF INNKEEPERS
1943
Exceptional rule governing carriers suggested 1037
1949
Lending for hire 1041
1955
Hired service or storage of property 1045
1962
When the warehouseman is justified in delivering and his liability for mis
1968
Remedies of bailors creditors 1057
1974
How receipts may be negotiated 1059
1979
Innkeepers 1066
1985
CONTRACTS OF AFFREIGHTMENT
1993
Demise of vessel distinguished from ordinary charter party 1074
2002
Express warranties 1077
2008
Effect of breach of warranty 1080
2015
Preparation of bills of lading by shippers 1085
2021
What is an act of God 1090
2028
Inherent vice 1093
2034
Obligations commonly assumed by shipowner 1097
2043
When lay days begin 1100
2049
When a common carriers liabilities for goods begin and end 1104
2055
A carrier may limit its liability by contract 1107
2061
Limitation of the amount for which a carrier shall be liable 1110
2068
Liability of carriers for their passengers safety 1113
2076
Telegraph companies 1114
2078
The Pomerene Act 1117
2084
Effect of shippers weight load and count clause 1123
2090
Warranties on negotiation or transfer of bill of lading 1129
2096
CHAPTER XXXIII
2103
Possible additions or omissions 1138
2111
Delivery 1142
2119
Accommodation parties 1147
2130
Other kinds of indorsement 1153
2136
Who is a holder in due course 1157
2140
To what defences a holder in due course is subject 1159
2146
Warranties implied on negotiation 1162
2153
When presentment is executed or delay justified 1168
2160
Domiciled notes 1177
2166
Time allowed for notice 1182
2172
Discharge of individual parties 1190
2178
General and qualified acceptances 1196
2186
By whom when and where protest should be made 1201
2190
Presentment and protest of acceptance for honor 1205
2192
Miscellaneous provisions 1210
2198
Notice when required must be given within a reasonable time 1238
2201
The principals nonliability as a defence to the surety 1213
2206
1llegality of the contract with the principal as a defence to the surety 1217
2213
Whether an executory accord with the principal discharges the surety 1221
2220
Extension of time for an illegal or usurious consideration 1227
2228
Creditors refusal of tender by the principal discharges the surety 1235
2240
Retention of a dishonest employee excuses from further liability a surety
2275
It is immaterial that the suretys obligation has been reduced
2282
Injurious action by the creditor will discharge a surety though the creditor
2288
Release or inequitable dealing with one cosurety partially discharges
2298
CHAPTER XXXV
2301
Subrogation is allowed only when debt is fully paid 1269
2307
Contribution 1277
2315
Cosureties and successive sureties 1282
2321
When a surety who has paid the debt is denied relief against the principal
2327
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Populære avsnitt

Side 1800 - Any affirmation of fact or any promise by the seller relating to the goods is an express warranty if the natural tendency of such affirmation or promise is to induce the buyer to purchase the goods, and if the buyer purchases the goods relying thereon. No affirmation of the value of the goods, nor any statement purporting to be a statement of the seller's opinion only shall be construed as a warranty.
Side 2044 - Does not specify the value given, or that any value has been given therefor; or 3. Does not specify the place where it is drawn or the place where it is payable; or 4. Bears a seal; or 5. Designates a particular kind of current money in which payment is to be made.
Side 1631 - Where there is a contract to sell goods to be delivered by stated instalments, which are to be separately paid for, and the seller makes defective deliveries in respect of one or more...
Side 1779 - Unless otherwise agreed, delivery of the goods and payment of the price are concurrent conditions ; that is to say, the seller must be ready and willing to give possession of the goods...
Side 2051 - But where the instrument is in the hands of a holder in due course, a valid delivery thereof by all parties prior to him so as to make them liable to him is conclusively presumed.
Side 1176 - Hall, that in construing wills, and indeed statutes, and all written instruments, the grammatical and ordinary sense of the words is to be adhered to, unless that would lead to some absurdity or some repugnance or inconsistency with the rest of the instrument, in which case the grammatical and ordinary sense of the words may be modified, so as to avoid that absurdity and inconsistency, but no further.
Side 1814 - Subject to the provisions of this Act and of any statute in that behalf, there is no implied warranty or condition as to the quality or fitness for any particular purpose of goods supplied under a contract of sale...
Side 2025 - That if goods are delivered to a carrier by the owner or by a person whose act in conveying the title to them to a purchaser...
Side 2078 - In the hands of any holder other than a holder in due course, a negotiable instrument is subject to the same defenses as if it were nonnegotiable. But a holder who derives his title through a holder in due course...
Side 2043 - ... any act in addition to the payment of money is not negotiable. But the negotiable character of an instrument otherwise negotiable is not affected by a provision which — 1. Authorizes the sale of collateral securities in case the instrument be not paid at maturity; or 2.

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