Principles of Contract at Law and in Equity: Being a Treatise on the General Principles Concerning the Validity of Agreements, with a Special View to the Comparison of Law and Equity, and with References to the Indian Contract Act, and Occasionally to Roman, American, and Continental Law, ÆäÀÌÁö 776Stevens and Sons, 1876 - 606ÆäÀÌÁö |
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vii ÆäÀÌÁö
... in the notes . Possibly this may be not without practical use to some of my readers : but apart from this , the Contract Act deserves , as it appears to me , more attention from English lawyers than to my knowledge it has PREFACE . vii.
... in the notes . Possibly this may be not without practical use to some of my readers : but apart from this , the Contract Act deserves , as it appears to me , more attention from English lawyers than to my knowledge it has PREFACE . vii.
7 ÆäÀÌÁö
... appears from the con- text : - ( a ) When one person signifies to another his willingness to do or to abstain from doing anything , with a view to obtaining the assent of that other to such act or abstinence , he is said to make a ...
... appears from the con- text : - ( a ) When one person signifies to another his willingness to do or to abstain from doing anything , with a view to obtaining the assent of that other to such act or abstinence , he is said to make a ...
8 ÆäÀÌÁö
... appears no reason why it should not be in a system to ( a ) The same rule applies to a proposal to vary an existing agree- ment ; Gilkes v . Leonino , 4 C. B. N. S. 485 . ( b ) See G. N. Ry . Co. v . Witham , L. R. 9 C. P. 16 ...
... appears no reason why it should not be in a system to ( a ) The same rule applies to a proposal to vary an existing agree- ment ; Gilkes v . Leonino , 4 C. B. N. S. 485 . ( b ) See G. N. Ry . Co. v . Witham , L. R. 9 C. P. 16 ...
19 ÆäÀÌÁö
... appears that there is much conflict among German writers of repute ; one or two seem to have arrived ( though in one case by a highly artificial course ) at results equivalent to those of the Indian Act ( Vangerow , Pand . ¡× 603 , 3 ...
... appears that there is much conflict among German writers of repute ; one or two seem to have arrived ( though in one case by a highly artificial course ) at results equivalent to those of the Indian Act ( Vangerow , Pand . ¡× 603 , 3 ...
24 ÆäÀÌÁö
... appears . " And it may happen that though the parties are in fact agreed upon the terms - in other words , though there has been a proposal suffi- ciently accepted to satisfy the general rule - yet they do not mean the agreement to be ...
... appears . " And it may happen that though the parties are in fact agreed upon the terms - in other words , though there has been a proposal suffi- ciently accepted to satisfy the general rule - yet they do not mean the agreement to be ...
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acceptance Act of Parliament actual agent agree agreement apply assent assignment assumpsit authority Beav benefit bill binding bound champerty common law Companies Act 1862 condition consent consideration corporation courts of equity covenant creditor debt debtor decision deed defendant distinction doctrine doubt duty effect enforce England English law evidence Exchequer executed existence express expressly fact fraud given ground held House of Lords illegal infant instrument intention interest judgment kind L. J. Ex law merchant liable Lindley Lord marriage married matter ment mistake modern nature necessary negotiable instruments obligation particular parties partnership payment plaintiff principle promise proposal purchaser purpose question reason recover remedy right of action Roman law rule Savigny seal seems separate estate shareholders shares statute Statute of Frauds sued supra thing third person tion tract transaction treated unlawful valid Vict void voidable
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301 ÆäÀÌÁö - No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act.
254 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 competent understanding shall have the utmost liberty of contracting, and that contracts when entered into freely and voluntarily shall be held sacred and shall be enforced by courts of justice.
39 ÆäÀÌÁö - 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.
550 ÆäÀÌÁö - Car. 2. c. 3. ¡× 4., enacts, that " no action shall be brought whereby to charge any executor or administrator, upon any special promise, to answer damages out of his own estate...
334 ÆäÀÌÁö - ... 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...
12 ÆäÀÌÁö - The defendants must be considered in law as making, during every instant of the time their letter was travelling, the same identical offer to the plaintiffs, and then the contract is completed by the acceptance of it by the latter.
542 ÆäÀÌÁö - Constructive fraud consists: 1. In any breach of duty which, without an actually fraudulent intent, gains an advantage to the person in fault, or any one claiming under him, by misleading another to his prejudice, or to the prejudice of any one claiming under him; or, 2. In any such act or omission as the law specially declares to be fraudulent, without respect to actual fraud.
452 ÆäÀÌÁö - ... where the misdescription, although not proceeding from fraud, is in a material and substantial point, so far affecting the subjectmatter of the contract, that it may reasonably be supposed, that, but for such misdescription, the purchaser might never have entered into the contract at all, in such case the contract is avoided altogether, and the purchaser is not bound to resort to the clause of compensation.
410 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.