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, ÆäÀÌÁö 776Stevens, 1881 - 770ÆäÀÌÁö |
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xv ÆäÀÌÁö
... duty was grounded ; a duty , not strictly to perform his promise , but not to do wrong by malfeasance in performing it , or ( by an extension introduced in the course of the fifteenth century ) even by mere non - feasance . In one ...
... duty was grounded ; a duty , not strictly to perform his promise , but not to do wrong by malfeasance in performing it , or ( by an extension introduced in the course of the fifteenth century ) even by mere non - feasance . In one ...
xviii ÆäÀÌÁö
... duty on the other side . The distinction goes pretty deep , and is a material one in practice . Nor can I agree to Mr. Holmes's assimilation of fraudulent and non- fraudulent untruth . Of fraud he says , " It is no doubt only by reason ...
... duty on the other side . The distinction goes pretty deep , and is a material one in practice . Nor can I agree to Mr. Holmes's assimilation of fraudulent and non- fraudulent untruth . Of fraud he says , " It is no doubt only by reason ...
xxvi ÆäÀÌÁö
... duty 186 Past consideration ... ... 187 Adequacy not material 189 Contingent consideration 191 Reciprocal promises 192 Promises to perform duties already existing ... 193 ... Consideration for discharge of contract For variation of ...
... duty 186 Past consideration ... ... 187 Adequacy not material 189 Contingent consideration 191 Reciprocal promises 192 Promises to perform duties already existing ... 193 ... Consideration for discharge of contract For variation of ...
xxviii ÆäÀÌÁö
... duty 261 Settlements in fraud of marital right 264 Marriages within prohibited degrees ... 266 Royal Marriage Act 268 ... Agreements illegal by statute 268 Rules for construction of prohibitory statutes 270 When agreements may be not ...
... duty 261 Settlements in fraud of marital right 264 Marriages within prohibited degrees ... 266 Royal Marriage Act 268 ... Agreements illegal by statute 268 Rules for construction of prohibitory statutes 270 When agreements may be not ...
xxxii ÆäÀÌÁö
... duty to surety Sales of Land ... Specific Performance and Compensation : three classes of cases dis- ... ... ... General duty of vendor to describe property correctly tinguished Wilde v . Gibson considered Family Settlements Partnership ...
... duty to surety Sales of Land ... Specific Performance and Compensation : three classes of cases dis- ... ... ... General duty of vendor to describe property correctly tinguished Wilde v . Gibson considered Family Settlements Partnership ...
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acceptance agent agree agreement apply assignment assumpsit authority Bank Barrister-at-Law Beav bill binding bound champerty Chancery common law condition consent consideration corporation Court of Chancery courts of equity covenant creditor debt debtor decision deed defendant doctrine duty Edition effect enforce English law evidence executed existence express expressly fact fraud full age given ground held House of Lords illegal Indian Contract Act infant instrument intention interest judgment L. J. Ex law merchant lease liable Lord marriage matter ment mistake modern nature necessary negotiable instruments obligation particular partnership party payment plaintiff practice principle promise proposal purchaser purpose question reason recover remedy representation Roman Roman law rule seal seems separate estate shareholders shares solicitor specific performance statute Statute of Frauds sued sui iuris supra thing tion tract transaction treated unlawful valid Vict void voidable
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351 ÆäÀÌÁö - 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.
351 ÆäÀÌÁö - 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.
179 ÆäÀÌÁö - 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.
475 ÆäÀÌÁö - ... 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.
60 ÆäÀÌÁö - 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...
294 ÆäÀÌÁö - 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.
71 ÆäÀÌÁö - 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.
698 ÆäÀÌÁö - ... 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.
349 ÆäÀÌÁö - 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.
656 ÆäÀÌÁö - 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.