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 776

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Stevens, 1881 - 770ÆäÀÌÁö

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Conditional contracts
399
CHAPTER VIII
405
Maw 689
411
Mistake as excluding true consent
421
where certainly or probably not applic
424
Thorough goods case
429
satisfaction by stranger
438
Inclusion of parcels by mistake on sale of land
444
Error as to quality inoperative unless material and common to both
450
Cooper v Phibbs
461
Rules of construction common to law and equity
472
Agreements to commit an offence
483
London Assurance v Mansel 504
504
466
529
CHAPTER X
533
467
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
London Chartered Bank of Australia
563
CHAPTER XI
565
Presumptions against and duties of persons in fiduciary relations
577
470
581
Spiritual influence
583
Ledger 586
586
Exceptional protection of expectant heirs and reversioners
592
Burden of proof and terms of relief
599
Right of rescission for undue influence
605
Peers 324
612
Conditions precedent to remedy not satisfied
615
Where agreement executed
622
471
628
No remedy at
639
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
Lowther 262
689
Indian Contract Act on fraud c
695
Agreements wrongful against third persons
703
Custody of Infants
711
Fraud on creditors
715
By statute
719
General duty of vendor to describe property correctly
724
Public policy as to freedom of individual action
729
Fraud
730
97

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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.

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