The Law of Contracts, 2권

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Baker, Voorhis & Company, 1920
 

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Contracts affecting a public interest 626
1210
Previous negotiations 630
1219
Integration depends upon intent 633
1225
An incomplete writing may be added to by parol 636
1232
Collateral agreements contradicting an implication of law 640
1238
Agreements collateral to negotiable paper 644
1245
Agreements collateral to deeds 645
1251
Distinction between custom and usage 649
1257
Collateral agreements may be added to written contracts by usage 652
1267
Characteristics of usage essential for its validity 657
1272
The province of the court and of the jury 662
1278
Precedent and concurrent conditions 666a
1284
Words necessary to create a promise 670
1290
Warranties and conditions 673
1297
After election to continue a contract in spite of a known excuse the excuse
1302
Excuse of conditions by conduct showing that the promisor will not perform
1304
Prevention of performance of conditions or promises 677
1305
A usage which the parties have indicated an intention not to adopt is ineffec
1312
Different meanings of the word waiver 679
1314
Election does not depend on intention 684
1320
Acceptance of continued benefits under a contract with knowledge of
1327
Waiver of condition not yet broken or defence not yet arisen 689
1332
A promissory estoppel does not require an intent to surrender a right 691
1338
Agreement to discharge from a liability already arisen 694
1345
Building contracts 699
1353
Buyers agreement to surrender his right must be proved as a fact 706
1359
Exceptional cases where acceptance of goods does not preclude subsequent
1365
Damages recoverable by the buyer 715
1371
Effect of sellers assent to buyers acceptance of part 721
1377
Continuance of contract of employment after cause for discharge is known 725
1383
Waiver of vendors lien on real estate 729
1390
Effect of giving a worthless check 732
1396
Analogy of mortgage 737
1403
Whether consent to breach of condition on one occasion excuses similar future
1409
Application of the principle to contracts of sale insurance and employment 744
1418
Decisions holding that the parol evidence rule forbids enforcement of a parol
1425
Waiver of condition after the issue of the policy 752
1431
No affirmative action on the part of the insurer is generally necessary
1439
Necessity of written modification or waiver of conditions in policy 759
1447
Requesting proof of loss or appraisal 764
1453
Whether a breach of condition avoids an entire policy insuring several articles 766
1460
Conditions precedent as well as conditions concurrent are excused by
1466
Nonenforceability of provisions for forfeiture in mortgages 771
1473
Provisions for penalty are invalid in any contract 776
1480
Whether the liquidation must be reasonable 779
1486
The form of a contract cannot make a penalty enforceable 782
1494
Classification by Somerville J and by Lord Dunedin 784
1501
Other illustrations 787
1507
Instalment contracts 791
1513
A condition may involve a penalty or forfeiture 793
1519
Unreasonable but not fraudulent refusal of certificate 797
1525
Effect of a condition requiring valuationtransfer of property 800
1531
Substantial performance 805
1539
Relief from conditions is not wholly a matter of construction 806
1546
Impossibility of performing conditions subsequent 809
1552
CHAPTER XXVI
1558
An accrued right of action for breach of contract may be discharged by
1559
Differences in effect of the different theories 815
1564
Serjeant Williams Rules 820
1570
Fictitiously imputed intentions 825
1576
Order of performances when one or both take time 830
1584
When concurrent conditions are implied 835
1591
Effect of the place of performance on concurrent conditions 836
1598
Ignorance of the plaintiffs breach of contract when the defendant fails
1604
Promises in separate contracts 840
1606
Substantial performance 842
1614
Meaning of time being of the essence 846
1621
Time in building contracts 849
1627
Time is of the essence in equity in a contract of option 853
1634
Partly bilateral contracts 858
1641
When a contract will be construed as divisible 862
1649
English test of intent to repudiate 865
1656
Defect in quality of an instalment 868
1663
Whether the party first in default can ever recover 871
1670
Distinction between performance and preparation for performance 874
1677
Encumbered or incomplete title 879
1684
Both parties unable or unwilling to perform 882
1690
Reviving of sellers lien upon actual or threatened failure of consideration 886
1694
When performances in bilateral contracts are in exchange for one another 889
1701
Constructive eviction 892
1708
Rule in regard to risk is equitable 931
1769
The result of law and in equity should be the same 934
1775
Inconsistency of foregoing rules with purchasers ownership 938
1782
Practical advantages of leaving risk with the vendor in possession 942
1790
Comparison of a lease with a contract to sell 946
1796
CONTRACTS FOR THE SALE OF PERSONAL
1810
Restaurant keepers liability 996a
1811
Reasoning of the older writers inconsistent with dependency in bilateral con
1830
Reasons advanced by modern writers 951
1831
Duty of delivery and payment 955
1831
Risk generally attends title 962
1831
Risk where goods are shipped under a bill of lading 966
1831
Requirements of warranty under the English Law 968
1831
Inspection 973
1836
Limitations on implied warranty of title 978
1843
No implied warranty of quality in the early law 983
1849
The seller a dealer 987
1857
Known described and definite articles 990
1863
Subsidiary warranties by manufacturer 992
1869
What is meant by merchantable 997
1878
A sample is a term of the contract 1002
1885
Buyers right of inspection 1005
1891
Sales to arrive 1010
1898
Duties of the employer and employee to one another 1013
1904
Agents duty to obey instructions 1016
1910
Liability of a principal for default of a subagent 1019
1916
Employees duty to account 1021
1922
Employees duty in regard to information acquired by him 1025
1928
Compensation 1028
1934
CHAPTER XXXI
1943
Exceptional rule governing carriers suggested 1037
1949
Lending for hire 1041
1955
Hired service or storage of property 1045
1962
When the warehouseman is justified in delivering and his liability for mis
1968
Remedies of bailors creditors 1057
1974
Who may negotiate and the effect of negotiation 1061
1980
CONTRACTS OF AFFREIGHTMENT
1993
Demise of vessel distinguished from ordinary charter party 1074
2002
Express warranties 1077
2008
Effect of breach of warranty 1080
2015
Preparation of bills of lading by shippers 1085
2021
What is an act of God 1090
2028
Inherent vice 1093
2034
Telegraph companies 1114
2078
Carriers duty to deliver and effect of delivery 1119
2086
Creditors rights against goods shipped under an order bill of lading 1125
2093
Definitions etc 1132
2099
Obligation incurred by acceptor for honor 1204
2104
BILLS OF EXCHANGE AND PROMISSORY NOTES
2105
Possible additions or omissions 1138
2111
Delivery 1142
2119
Accommodation parties 1147
2130
Other kinds of indorsement 1153
2136
Time and place of indorsement etc 1154
2137
Absolute and personal defences 1158
2144
Irregular indorsers 1161
2151
General requisites of presentment 1166
2157
When an instrument is overdue for other purposes 1174
2164
Form of notice 1180
2170
Excuses for failure or delay in giving notice 1187
2176
Special rules governing bills of exchange 1194
2182
Dishonor by nonacceptance and its effect 1199
2188
Presentment and protest of acceptance for honor 1205
2192
Miscellaneous provisions 1210
2198
Notice when required must be given within a reasonable time 1238
2201
Capacity to become surety 1212
2205
Illegality of the contract with the principal as a defence to the surety 1217
2213
Whether an executory accord with the principal discharges the surety 1221
2220
Extension of time for an illegal or usurious consideration 1227
2228
Creditors refusal of tender by the principal discharges the surety 1235
2240
The suretys right to set off a claim of the principal against the creditor 1251
2276
It is immaterial that the suretys obligation has been reduced
2282
Injurious action by the creditor will discharge a surety though the creditor
2288
Release or inequitable dealing with one cosurety partially discharges
2298
SURETIES RIGHTS AND REMEDIES
2301
Subrogation is allowed only when debt is fully paid 1269
2307
Contribution 1277
2315
Cosureties and successive sureties 1282
2321
When a surety who has paid the debt is denied relief against the principal
2327
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1802 페이지 - Any affirmation of fact or any promise by the seller relating to the goods is an express warranty if the natural tendency of such affirmation or promise is to induce the buyer to purchase the goods, and if the buyer purchases the goods relying thereon. No affirmation of the value of the goods, nor any statement purporting to be a statement of the seller's opinion only shall be construed as a warranty.
2046 페이지 - Does not specify the value given, or that any value has been given therefor; or 3. Does not specify the place where it is drawn or the place where it is payable; or 4. Bears a seal; or 5. Designates a particular kind of current money in which payment is to be made.
1633 페이지 - Where there is a contract to sell goods to be delivered by stated instalments, which are to be separately paid for, and the seller makes defective deliveries in respect of one or more...
1781 페이지 - Unless otherwise agreed, delivery of the goods and payment of the price are concurrent conditions ; that is to say, the seller must be ready and willing to give possession of the goods...
2051 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.
1176 페이지 - Hall, that in construing wills, and indeed statutes, and all written instruments, the grammatical and ordinary sense of the words is to be adhered to, unless that would lead to some absurdity or some repugnance or inconsistency with the rest of the instrument, in which case the grammatical and ordinary sense of the words may be modified, so as to avoid that absurdity and inconsistency, but no further.
1816 페이지 - Subject to the provisions of this Act and of any statute in that behalf, there is no implied warranty or condition as to the quality or fitness for any particular purpose of goods supplied under a contract of sale...
2027 페이지 - That if goods are delivered to a carrier by the owner or by a person whose act in conveying the title to them to a purchaser...
2080 페이지 - In the hands of any holder other than a holder in due course, a negotiable instrument is subject to the same defenses as if it were nonnegotiable. But a holder who derives his title through a holder in due course...
2045 페이지 - ... any act in addition to the payment of money is not negotiable. But the negotiable character of an instrument otherwise negotiable is not affected by a provision which — 1. Authorizes the sale of collateral securities in case the instrument be not paid at maturity; or 2.

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