Cases on Business Law

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West Publishing Company, 1922 - 1563페이지
 

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PART I
23
CONSIDERATION 1
24
Section
28
Consideration
93
Consideration in Unilateral Contracts
95
Performance of or Promise to Perform a Preexisting Legal Duty
100
Promises in the Nature of Gratuities
115
Illusory Promises
120
Promises to Pay for a Benefit Previously Received
129
Sealed Instruments
137
Performance of Contracts
140
Interpretation
141
Conditions in ContractsGeneral Statement
154
Performance on Time as a Condition
159
Performance to the Satisfaction of Another as a Condition
164
Procuring Certificate of an Architect as a Condition
167
Substantial Performance in Various Other Types of Contracts as Con ditions
170
Tender of Performance as a Condition
188
Divisible Contracts
193
Conditions Subsequent
200
Prevention as an Excuse for NonPerformance
202
Waiver as an Excuse for NonPerformance
205
Anticipatory Breach of Contract
212
Right of a Party Materially in Default to Recover for His Incomplete Performance
218
Impossibility of Performance as a Condition
227
Rights of Third Parties in Contracts
245
Contracts for the Benefit of a Creditor of the Promisee
251
Nature and Requisites of an Assignment
259
Interests Capable of Assignment
265
Nature and Extent of the Interest Acquired by the Assignee
270
Discharge of Contracts
274
Discharge by Novation
279
Discharge by Release Cancellation and Alteration
282
Discharge in Bankruptcy Proceedings
283
Effect of Statutes of Limitations
288
Effect of Mistake Fraud Duress and Undue Influence
289
Mistake
290
Fraud
299
Duress
307
Undue Influence
311
Illegality
314
Contracts in Restraint of Trade
315
Contracts Limiting the Liability of Bailees and Other Persons
324
Gambling Contracts
328
Other Illustrations of Illegal Contracts
330
Effect of Illegality
337
Sunday Contracts
342
Capacity
344
Disaffirmance
345
Ratification
356
Contracts for Necessaries
359
Contracts Required to be in Writing
362
Contracts of Guaranty
363
Contracts of Executors and Administrators
367
Contracts Made in Consideration of Marriage
368
Contracts for the Sale of Lands
369
FORMAL REQUISITES Section
370
Contracts Not to be Performed Within the Space of One Year
374
Contracts for the Sale of Personal Property
376
Compliance with the Statute
380
Effect of NonCompliance with the Statute
384
Remedies
388
Measure of Damages
389
Rescission
398
Judgments and Executions
401
Garnishment
403
Attachment of Property
406
Specific Performance
410
Injunction
416
Enforcement of Decrees by Attachment for Contempt
419
Bankruptcy
421
Receiverships
440
Special Types of Contracts
443
Bailments
444
The Contract of Carriage
451
The Contract of Pledge
467
The Contract of Suretyship
469
AGENCY
484
CHAPTER I
489
CHAPTER I
520
CHAPTER III
565
CHAPTER IV
579
CHAPTER V
611
PART III
631
Introduction
638
Writing and Signature
639
The Promise or Order Must be Unconditional
640
Time of Payment Must be Certain
656
The Instrument Must be Payable in Money
671
The Sum to be Paid Must be Certain
684
The Instrument Must be Payable to Order or Bearer
688
Provisions Not Affecting Negotiability
692
Designation of Parties to Negotiable Instruments
696
Date of the Instrument
713
Interpretation of Ambiguous Instruments
714
Delivery
720
the Instrument
725
Right to Sue Prior Parties
726
What Constitutes a Negotiation
731
Negotiation by Special Indorsement
733
Negotiation by Blank Indorsement
734
Negotiation by Restrictive Indorsement
737
Negotiation by Qualified Indorsement
741
Negotiation by Conditional Indorsement
742
Transfer of Unindorsed Paper Payable to the Order of the Trans feror
743
Surrender to the Drawee
744
Other Formal Requisites and Aspects of Negotiation
746
CHAPTER III
748
Must be a Purchaser Before Maturity
754
Must be a Purchaser in Good Faith
761
Payee may be a Holder in Due Course
777
Transferee from a Holder in Due Course is a Holder in Due Course
783
Rights of the Reacquirer
785
Bills in a Set
873
CHAPTER V
874
Rights of the Holder Against the Unqualified Indorser
875
Rights of the Holder Against the Qualified Indorser and the Trans feror by Delivery
877
Rights of the Holder Against the Accommodation Indorser
885
Rights of the Holder Against the Restrictive Indorser
898
Rights of the Holder Against the Drawer
899
CHAPTER VI
903
Excepted
904
Time of Presentment of Checks in Order to Charge the Drawer
915
Time of Presentment of Instruments Bearing a Fixed Maturity
920
Other Aspects of a Due Presentment for Payment
921
Presentment for Acceptance
923
Notice of Dishonor
926
Protest
930
CHAPTER VII
932
OFFER AND ACCEPTANCE
951
Section
953
Presumption That Title Passes at the Date of the Contract is
968
Transfer of Title in Contracts to Sell Unascertained Goods
989
Acts of Unconditional Appropriation with Respect to Only a Portion
997
Passing of Title to Property Contracted to be Sold upon Its Delivery
1006
Effect of the Form of the Bill of Lading upon the Passing of Title 1028
1028
Powers of Persons Not Owners of Goods to Transfer Title to In nocent Purchasers
1036
Sale by One Having a Voidable Title
1046
Rights of Creditors Against Goods Sold in Sellers Possession
1054
Negotiable Documents of Title
1063
Rights of an Indorsee of a Negotiable Document of Title
1069
Rights of the Indorsee Against Indorsers
1086
Remedies of the Seller
1093
Sellers Rights Against the Goods in General
1098
Unpaid Sellers Lien
1118
Right of Resale
1120
Right of Rescission
1123
Right to Damages for Breach of Contract to Sell
1125
Warranties
1128
Express Warranties
1130
Implied Warranties Considered Generally
1143
Implied Warranty That the Goods Shall Correspond to the Descrip tion
1146
Implied Warranty That the Goods shall Correspond to the Sample
1153
Implied Warranty of Merchantability
1158
Implied Warranty of Fitness for a Particular Purpose
1161
Implied Warranties May Arise from the Usage of Trade
1171
Implied Warranties May be Negatived by Agreement
1173
Rights of SubVendees Against Former Warrantors
1177
Rights and Remedies of the Buyer
1183
Nature and Consequences of an Acceptance of the Goods
1190
Buyer under No Duty to Return Goods Not Accepted Because of Non Compliance with the Contract
1193
Remedies of the Buyer for Breach of Warranty
1195
Buyers Right to Recover Damages for Breach of the Contract to Sell
1207
Right of the Buyer to Sue the Seller for Conversion of the Goods
1211
Buyers Right of Specific Performance
1212
PART V
1215
What Constitutes a Partnership
1218
Partnership by Operation of Law as to Third Persons
1230
Partnerships Distinguished from Trusts for Business Purposes
1235
Relations of the Partners Between Themselves
1241
What Constitutes Partnership Property
1259
What Constitutes Partnership Capital
1261
Acquisition and Transfer of Partnership Realty
1264
Partnership Name and Good Will
1266
Partners Interest in the Partnership
1274
Sharing of Profits and Losses
1275
Partners Right to Repayment of Contributions
1277
Partners Right of Indemnity
1278
Fiduciary Relation of Partners
1284
Partners Right to Participate in Management
1292
Partners Right to Information
1295
Partners Right to Remuneration for Services
1296
Relations of Partners to Third Persons
1298
Particular Powers
1302
Powers with Respect to Partnership Realty
1303
Liability of Partners When Joint or Joint and Several
1305
Right of a Creditor of a Partner in the Partners Individual Capacity with Respect to Partnership Property
1312
Causes of Dissolution
1318
Dissolution Caused by Breach of Partnership Agreement
1319
Effect of Assignment of a Partners Interest
1323
Effect of Dissolution upon the Relations of the Partners Between Themselves
1325
of Partnership Assets
1331
Effect of Dissolution upon the Relations of the Partners to Third Parties 133+
1334
Rights of Creditors of the Dissolved Partnership Against the
1345
Limited Partnerships 136
1365
PART VI
1377
Section
1380
Corporate Powers
1407
Ultra Vires Contracts
1408
The Relation of Stockholders to the Corporation
1414
Rights of the Preferred Stockholders
1417
Right to Inspect Corporate Books
1419
Right to Participate in New Issues of Stock
1421
Stockholders Meetings
1425
Voting Trusts
1428
Rights of the Minority
1433
Right to Maintain Actions upon Corporate Causes of Action
1437
Rights with Respect to Declared Dividends and Surplus
1442
Apportionment of Interests Between Life Tenant and Remainder man
1452
Rights of the Corporation Against Officers and Directors
1459
Rights and Liabilities of Parties with Respect to Transfers of Stock
1465
CHAPTER V
1473
Priorities Among the Various Classes of Creditors in General
1480
Current Operating Expenses to be paid out of Current Earnings in Preference to Claims of Secured Creditors
1481
Rights of Unsecured Creditors Arising upon Reorganization
1488
Rights of Creditors Against Stockholders
1493
Relation of the Corporation to the State
1500
Police Powers of the State
1501
Taxing Powers of the State
1504
Powers with Respect to Foreign Corporations
1510
DICTIONARY OF LEGAL Terus
1513
INDEX
1543
Introduction 23
1556
Relation of the Promoter to the Corporation 1399
1557
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372 페이지 - ... upon any agreement that is not to be performed within the space of one year from the making thereof ; unless the agreement, upon which such action shall be brought or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
774 페이지 - But where the instrument is in the hands of a holder in due course, a valid delivery thereof by all parties prior to him so as to make them liable to him is conclusively presumed.
361 페이지 - no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate ; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
429 페이지 - ... a person shall be deemed insolvent within the provisions of this act whenever the aggregate of his property, exclusive of any property which he may have conveyed, transferred, concealed, or removed, or permitted to be concealed or removed, with intent to defraud, hinder or delay his creditors, shall not, at a fair valuation, be sufficient in amount to pay his debts.
680 페이지 - Where the instrument is addressed to a drawee, he must be named or otherwise indicated therein with reasonable certainty.
560 페이지 - ... in case of any fraud or false swearing by the insured touching any matter relating to this insurance or the subject thereof, whether before or after a loss.
777 페이지 - ... delivery may be shown to have been conditional, or for a special purpose only, and not for the purpose of transferring the property in the instrument.
659 페이지 - An instrument which contains an order or promise to do any act in addition to the payment of money is not negotiable.
642 페이지 - An unqualified order or promise to pay is unconditional within the meaning of this act, though coupled with — 1. An indication of a particular fund out of which reimbursement is to be made, or a particular account to be debited with the amount; or 2. A statement of the transaction which gives rise to the instrument.
374 페이지 - ... unless the buyer shall accept part of the goods or choses in action so contracted to be sold or sold, and actually receive the same, or give something in earnest to bind the contract, or in part payment, or unless some note or memorandum in writing of the contract or sale be signed by the party to be charged or his agent in that behalf.

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