The Law of Contracts, 2±Ç

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Baker, Voorhis & Company, 1920

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Interpretation of several connected writings 628
1211
752
1216
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
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
Agreement to be liable in spite of a defence already accrued 693
1342
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
even if the condition is performed 767
1463
Effect of a condition requiring valuationtransfer of property 800
1468
What is meant by a forfeiture 769
1469
Relief from penalties in bonds 774
1475
How far the question of penalty or liquidated damages is one of construction 777
1481
Alternative contracts 781
1488
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
Promises to pay when able 804
1536
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
Promises impliedly conditional upon notice 894
1714
Passages in Digest and Code 896
1720
Application for dissolution must be made to the court 900
1726
Waiver and right to damages 904
1733
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
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
CHAPTER XXXII
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
Limitation of the amount for which a carrier shall be liable 1110
2068
Liability of carriers for their passengers safety 1113
2076
Bills in parts or sets 1207
2085
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
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
Definition of a promissory note 1208
2193
CHAPTER XXXIV
2199
Duress or fraud practiced on the principal 1218
2213
Whether an executory accord with the principal discharges the surety 1221
2220
Reservation of rights against the surety 1230
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
CHAPTER XXXV
2299
Security for several debts 1272
2306
The suretys right of exoneration 1275
2312
Compensated sureties are entitled to contribution 1280
2319
Measure of suretys recovery 1284
2325

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1806 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - ... (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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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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