Principles of Contract: A Treatise on the General Principles Concerning the Validity of Agreements in the Law of EnglandStevens, 1889 - 760 sider |
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Vanlige uttrykk og setninger
acceptance action actual agent agree agreement ance apply assignment assumpsit authority Bank Beav benefit bill binding bound champerty common law condition consent consideration corporation courts of equity covenant coverture creditor debt debtor decision deed defendant doctrine duty effect enforce English English law entitled evidence executed existence express fact fraud full age given ground held House of Lords husband infant instrument intention interest judgment kind L. J. Ch L. J. Ex land law merchant lease liable Lord marriage ment mistake modern necessary negotiable negotiable instruments obligation particular partnership payment plaintiff principle promise proposal purchaser purpose Q. B. Div question reason recover remedy rescind Roman law rule seal seems shareholder shares solicitor specific performance statute Statute of Frauds sued supra thing third person tion tract transaction trust unlawful valid vendor Vict void voidable
Populære avsnitt
Side 304 - 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 their contracts, when entered into freely and voluntarily, shall be held sacred, and shall be enforced by courts of justice.
Side 553 - The general rule is. that the master is answerable for every such wrong of the servant or agent as is committed in the course of the service and for the master's benefit, though no express command or privity of the master be proved ... It is true, [the master] has not authorized the particular act.
Side 360 - For no country ever takes notice of the revenue laws of another. " <The objection, that a contract is immoral or illegal as between plaintiff and defendant, sounds at all times very ill in the mouth of the defendant. It is not for his sake, however, that the objection is ever allowed; but it is founded in general principles of policy, which the defendant has the advantage of, contrary to the real justice, as between him and the plaintiff, by accident, if I may so say. The principle of public policy...
Side 505 - The rule of law is clear, that where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Side 395 - ... where, from the nature of the contract, it appears that the parties must from the beginning have known that it could not be fulfilled unless when the time for the fulfilment 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 61 - 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 166 - A valuable consideration in the sense of the law may consist either in some right, interest, profit, or benefit accruing to the one party, or some forbearance, detriment, loss, or responsibility given, suffered, or undertaken by the other.
Side 251 - ... or part of it, or for doing any other act, and the day is to happen, or may happen before the thing which is the consideration of the money, or other act is to be performed, an action may be brought for the money, or for not doing such other act before performance ; for it appears that the party relied upon his remedy, and did not intend to make the performance a condition precedent. And so it is where no time is fixed for performance of that which is the consideration of the money or other act.
Side 627 - ... 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 by him lawfully authorized.
Side 532 - ... not specifying the same shall be deemed fraudulent on the part of the promoters, directors, and officers of the company knowingly issuing the same, as regards any person taking shares in the company on the faith of such prospectus, unless he shall have had notice of such contract.