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
Implications of fact or law in a writing may be contradicted more extensively
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
Waiver 678
1310
A usage which the parties have indicated an intention not to adopt is ineffec
1312
A substituted contract need not be intended as a surrender of a right 681
1317
Whether knowledge of facts is essential for election 685
1323
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
If goods are offered as full satisfaction they must be taken as such if taken
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
Effect of a condition requiring valuationtransfer of property 800
1468
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
CHAPTER XXVI
1558
An accrued right of action for breach of contract may be discharged by
1559
Eyre 818
1568
Criticism of the general theory of Serjeant Williams Rules 823
1574
Promises called absolute are generally not strictly so 828
1581
What amounts to an offer to perform 833
1588
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
Partial destruction 935
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
Reasons advanced by modern writers 951
1803
CHAPTER XXIX
1810
Restaurant keepers liability 996a
1811
Buyer is not bound to return goods wrongly delivered 960
1816
Risk where goods are shipped under a bill of lading 966
1823
Requirements of warranty under the English Law 968
1830
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
CHAPTER XXX
1903
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
Duty in regard to proper behavior 1020 ༡ པ
1922
Employees duty in regard to information acquired by him 1025
1928
Compensation 1028
1934
Contracts to marry
1939
CHAPTER XXXI
1943
A gratuitous loan for use by the bailee 1039
1953
Enforcement of the pledgees claim 1043
1959
Negotiable and nonnegotiable receipts 1047
1965
Effect of a duplicate receipt 1053
1971
Warehousemans lier 1058
1979
Innkeepers 1066
1985
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
Bills in sets 1086
2033
What is an act of God 1090
2033
Inherent vice 1093
2034
Obligations commonly assumed by shipowner 1097
2043
When lay days begin 1100
2049
When a common carriers liabilities for goods begin and end 1104
2055
A carrier may limit its liability by contract 1107
2061
1110
2068
Liability of carriers for their passengers safety 1113
2076
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
Law governing negotiable instruments 1135
2105
Possible additions or omissions 1138
2111
Delivery 1142
2119
Accommodation parties 1147
2130
Other kinds of indorsement 1153
2136
Effect of notice of nonacceptance protest 1188
2177
Miscellaneous provisions 1210
2198
A change in the terms of the contract between principal and creditor
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
The surety is limited to reimbursement 1285
2327

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1806 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.
2048 페이지 - Negotiation Defeats Vendor's Lien. Where a negotiable receipt has been issued for goods, no seller's lien or right of stoppage in transitu...
1785 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...
1170 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.
1822 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...
2043 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...
1822 페이지 - ... (2.) Where the goods are bought by description from a seller who deals in goods of that description (whether he be the grower or manufacturer or not), there is an implied warranty that the goods shall be of merchantable quality.
1344 페이지 - In the absence of express or implied agreement of the parties, acceptance of the goods by the buyer shall not discharge the seller from liability in damages or other legal remedy for breach of any promise or warranty in the contract to sell or the sale. But, if, after acceptance of the goods, the buyer fails to give notice to the seller of the breach of any promise or warranty within a reasonable time after the buyer knows, or ought to know of such breach, the seller shall not be liable therefor.
2061 페이지 - An instrument which contains an order or promise to do 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...
1145 페이지 - When the terms of an agreement have been intended in a different sense by the different parties to it, that sense is to prevail against either party in which he supposed the other understood it...

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