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, 1876 - 606ÆäÀÌÁö |
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xvi ÆäÀÌÁö
... existence of subject - matter 397 Purchase of one's own property 399 Herein of ignorantia juris : Cooper v . Phibbs 400 Where only one party is gnorant of the material fact , and generally where fundamental error is caused by fraud or ...
... existence of subject - matter 397 Purchase of one's own property 399 Herein of ignorantia juris : Cooper v . Phibbs 400 Where only one party is gnorant of the material fact , and generally where fundamental error is caused by fraud or ...
24 ÆäÀÌÁö
... existence of a misunderstanding between the parties in the construction of collateral terms which are not part of the agreement itself ( c ) . In connexion with this topic generally Lord Westbury's judgment in Chinnock v . Marchioness ...
... existence of a misunderstanding between the parties in the construction of collateral terms which are not part of the agreement itself ( c ) . In connexion with this topic generally Lord Westbury's judgment in Chinnock v . Marchioness ...
25 ÆäÀÌÁö
... existence of a concluded contract is very doubtful , but ( a ) Guthing v . Lynn , 2 B. & Ad . 232 . ( b ) Taylor v . Portington , 7 D. M. G. 328 . Illusory promises . without undertaking to decide that no contract AGREEMENT MUST BE ...
... existence of a concluded contract is very doubtful , but ( a ) Guthing v . Lynn , 2 B. & Ad . 232 . ( b ) Taylor v . Portington , 7 D. M. G. 328 . Illusory promises . without undertaking to decide that no contract AGREEMENT MUST BE ...
69 ÆäÀÌÁö
... existence of separate property enable the creditor to substitute for a legal right a wholly different equitable right , than to hold that the cessation of the coverture turns that sort of equitable right into a legal debt . It has been ...
... existence of separate property enable the creditor to substitute for a legal right a wholly different equitable right , than to hold that the cessation of the coverture turns that sort of equitable right into a legal debt . It has been ...
72 ÆäÀÌÁö
... existence ( a ) , and an Irish case in recent times where the Chancellor followed this authority , and adhered to his opinion on appeal , the Lord Justice dissenting ( b ) . It is conceived that at least in an English court of equity ...
... existence ( a ) , and an Irish case in recent times where the Chancellor followed this authority , and adhered to his opinion on appeal , the Lord Justice dissenting ( b ) . It is conceived that at least in an English court of equity ...
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acceptance action actual agent agree agreement appears apply assignment authority Bank become benefit bill binding bound called common law complete condition consideration considered contract corporation course Court covenant creditor debt debtor decided decision deed defendant distinction doctrine doubt duty effect enforce English equity evidence exception existence express extent fact fraud give given ground held important infant intention interest judgment kind land liable limited Lord marriage matter means ment nature necessary notice object obligation original particular parties performance person plaintiff positive practice present principle promise proposal purchaser question reason referred result rule seal seems separate shares statute sued taken thing third tion transaction treated trust unlawful unless valid void
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320 ÆäÀÌÁö - One who sells the good-will of a business may agree with the buyer to refrain from carrying on a similar business within a specified county, city, or a part thereof, so long as the buyer, or any person deriving title to the good-will from him, carries on a like business therein.
147 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.
284 ÆäÀÌÁö - Prima facie it is the privilege of a trader in a free country, in all matters not contrary to law, to regulate his own mode of carrying it [his trade] on according to his own discretion and choice.
401 ÆäÀÌÁö - Ignorantia juris haud excusat; but in that maxim the word 'jus' is used in the sense of denoting general law, the ordinary law of the country. But when the word 'jus' is used in the sense of denoting a private right, that maxim has no application. Private right of ownership is a matter of fact ; it may be the result also of matter of law; but if parties contract under a mutual mistake and misapprehension as to their relative and respective rights, the result is, that that agreement is liable to be...
263 ÆäÀÌÁö - Public policy and sound morality do, therefore, imperatively require that courts should put the stamp of their disapprobation on every act. and pronounce void every contract the ultimate or probable tendency of which would be to sully the purity or mislead the judgments of those to whom the high trust of legislation is confided.
14 ÆäÀÌÁö - ... till after they had received the notification that the defendants had received their answer and assented to it. And so it might go on ad infinitum.
256 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.
447 ÆäÀÌÁö - ... breach of warranty. But it would be better to distinguish such cases as a non-compliance with a contract which a party has engaged to fulfil ; as, if a man offers to buy peas of another, and he sends him beans, he does not perform his contract; but that is not a warranty, there is no warranty that he should sell him peas ; the contract is to sell peas, and if he sends him anything else in their stead, it is a non-performance of it.
41 ÆäÀÌÁö - That no action shall be maintained whereby to charge any person upon any promise made, after full age, to pay any debt contracted during infancy, or upon any ratification, after full age, of any promise or simple contract made during infancy, unless such promise or ratification shall be made by some writing, signed by the party to be charged therewith.
506 ÆäÀÌÁö - ... exactly as a stranger would have done, taking no advantage of his influence or knowledge, putting the other party on his guard, bringing everything to his knowledge which he himself knew. In short, the rule rightly considered, is, that the person standing in such relation must, before he can...