Principles of Contract at Law and in Equity: Being a Treatise on the General Principles Concerning the Validity of Agreements in the Law of England, 페이지 776

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Stevens, 1881 - 770페이지

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Woodburn
36
Certainty of acceptance
37
Construction of tacit acceptances
45
CAPACITY OF PARTIES
48
Married Women Generally cannot contract
78
History of the doctrine
88
No remedy at
94
Lunatics and Drunken Persons Undisputed points
98
Convicts c
106
a responsible principal has been named
115
Artificial Persons
122
CHAPTER III
144
Similar doctrine of old English law in Bracton c
150
Contracts of Record
157
Municipal corporations
165
Guaranties
171
Marine Insurance
177
The conception peculiar to English
185
Lamare r Dixon 691 693
187
Adequacy not material
191
Promises to perform duties already existing
199
PERSONS AFFECTED BY CONTRACT
203
Third persons not entitled by the contract itself
212
Assignment of contracts
224
Geaves
230
Bryant 617
238
CHAPTER VI
249
Agreements wrongful against third persons
255
Pike 478
260
Settlements in fraud of marital right
264
Rules for construction of prohibitory statutes
270
Wagers
276
Cooper 71
284
Agreement for future separation void
285
Egerton v Brownl
291
Turner 613
295
Hostilities against friendly states
297
Sale of offices
303
Maintenance and champerty
310
Statute of Henry VIII against buying pretended titles
317
What agreements in partial restraint are valid and of the alleged
332
Treatment of gratuitous contracts under seal in equity
334
Where consideration or immediate object unlawful
338
Extrinsic evidence of illegality
345
Lebel r Tucker 236
349
Money recoverable where agreement not executed
351
When agreement is immoral iure gentium
357
CHAPTER VII
366
Logical impossibility
374
Or to alter construction of contract
417
Mistake as excluding true consent
426
Jeaffreson
432
Distinction as to contracts of lunatic
433
Ogle Ex parte 411
438
Personal contracts not transferable
440
Error with regard to kind quantity
448
Lemprière Lange 76
449
Cases distinguished where misdescription of estate on sale entitles
454
Brass 41
459
Where only one party is ignorant of the material fact and generally
461
Hardman
472
Peculiar rules of construction in equity
475
Peculiar defences and remedies derived from equity
482
Quasi estoppel of one party acting as others agent in framing
489
Of misrepresentation in general
497
Gregson
501
Moore De La Torres case 522
522
CHAPTER X
533
three classes of cases dis
536
Materiality of representation
540
Representation must be in same transaction
547
No rescission where the former state of things cannot be restored
553
Rescission must be within reasonable time i e a time not such
559
CHAPTER XI
565
Presumption of influence from confidential relations
569
Rules as to voluntary settlements
575
Colvin 44
578
Particular cases where influence presumed
581
Whether in itself a ground for refusing specific performance
588
Old law as to sales of reversions
594
Sales of reversionary interests
601
Confirmation and acquiescence
607
Conditions precedent to remedy not satisfied
616
Morison r Thompson 263
624
Morrell r Cowan 90
640
APPENDIX
647
Authorities on limits of corporate powers
656
Foreign laws prescribing forms of contract
673
Note G Indian Contract Act on unlawful agreements
681
On the supposed equitable doctrine of making represen
687
Watson
691
Indian Contract Act on fraud
695
Custody of Infants
711
Fraud on creditors 256
715
Public policy as to freedom of individual action
729
Fraud generally but not always includes misrepresentation
732
Naden Ex parte 281

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353 페이지 - If, from the plaintiff's own stating or otherwise, the cause of action appears to arise ex turpi causa, or the transgression of a positive law of this country, there the court says he has no right to be assisted. It is upon that ground the court goes ; not for the sake of the defendant, but because they will not lend their aid to such a plaintiff.
353 페이지 - The principle of public policy is this; ex dolo malo non oritur actio. No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act.
181 페이지 - 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.
477 페이지 - ... 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.
62 페이지 - All contracts, whether by specialty or by simple contract, henceforth entered into by infants for the repayment of money lent or to be lent, or for goods supplied or to be supplied (other than contracts for necessaries ) , and all accounts stated with infants, shall be absolutely void...
296 페이지 - 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.
73 페이지 - Therefore it is clearly agreed by all the books that speak of this matter that an infant may bind himself to pay for his necessary meat, drink, apparel, physic, and such other , necessaries, and likewise for his good teaching and Instruction, whereby he may profit himself afterwards.
700 페이지 - ... 1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true; 2. The positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true; 3.
351 페이지 - We quite agree, that, where a contract is to do a thing which cannot be performed without a violation of the law it is void, whether the parties knew the law or not. But we think, that in order to avoid a contract which can be legally performed', on the ground that there was an intention to perform it in an illegal manner, it is necessary to show that there was the wicked intention to break the law; and, if this be so, the knowledge of what the law is becomes of great importance.
658 페이지 - But a little reflection will show that in all cases of contracts entered into between parties at a distance by correspondence, it is impossible that both should have a knowledge of it the moment it becomes complete. This can only exist where both parties are present. The position may be illustrated by the case before us.

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