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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... fact ( i.e. by reason of particular state of facts ) 322 General statement of law 323 Agreement impossible in itself is void 324 Logical impossibility 326 Impossibility merely relative to promisor no excuse 327 Agreements impossible in ...
... fact ( i.e. by reason of particular state of facts ) 322 General statement of law 323 Agreement impossible in itself is void 324 Logical impossibility 326 Impossibility merely relative to promisor no excuse 327 Agreements impossible in ...
7 ÆäÀÌÁö
... fact there is express authority in our law to show that " it requires the assent of both minds to make a gift , as it does to make a contract ¡± ( ¢¯ .e . , when the gift is to take effect by way of a transfer of property to the donee ) ...
... fact there is express authority in our law to show that " it requires the assent of both minds to make a gift , as it does to make a contract ¡± ( ¢¯ .e . , when the gift is to take effect by way of a transfer of property to the donee ) ...
9 ÆäÀÌÁö
... fact the proposal so limited comes to an end of itself at the end of that time , and there is nothing for the other party to accept . This leads us to the next rule , namely : - Deter- proposal by lapse of 2. The proposer may prescribe ...
... fact the proposal so limited comes to an end of itself at the end of that time , and there is nothing for the other party to accept . This leads us to the next rule , namely : - Deter- proposal by lapse of 2. The proposer may prescribe ...
15 ÆäÀÌÁö
... fact reached him within a reasonable time . Lord Cottenham however certainly seems to have thought the contract was absolutely concluded by the posting of the acceptance ( within the prescribed or a reasonable time ) and that it ...
... fact reached him within a reasonable time . Lord Cottenham however certainly seems to have thought the contract was absolutely concluded by the posting of the acceptance ( within the prescribed or a reasonable time ) and that it ...
16 ÆäÀÌÁö
... fact of the proposal itself being sent by post ) , the time allowed for the answer is to be taken as subject to unavoidable delays in the course of the post ; but it does not follow that an answer not delivered at all is an effectual ...
... fact of the proposal itself being sent by post ) , the time allowed for the answer is to be taken as subject to unavoidable delays in the course of the post ; but it does not follow that an answer not delivered at all is an effectual ...
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acceptance Act of Parliament agent agree agreement apply assent assignment 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 fact fraud full age given ground held House of Lords husband illegal impossible infant instrument intention interest judgment kind L. J. Ex law merchant liable limited Lindley Lord marriage married matter ment mistake modern nature negotiable instruments obligation particular parties partnership payment plaintiff principle promise promisor proposal purchaser purpose question reason recover remedy 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 vendor 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.