A Treatise on the Law of Fraud and Mistake as Administered in Courts of EquityW. Maxwell & son, 1868 - 426페이지 |
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자주 나오는 단어 및 구문
17 Beav 25 Beav 31 Beav 9 Ves affected agent agreement Amer apply assignment Att.-Gen Bank Bank of Scotland Bank of United Barsham benefit bill Bligh bona fide bound caveat emptor Chap circumstances Clarke client Comp concealment consideration constructive notice contract conveyance court of equity covenant creditors Davies dealing debt debtor deed defrauded Drew Evans Exch executed fact favour fraud fraudulent Gibson Giff ground held induced inquiry intention Jones knowledge L. J. Ch lease Lord Lord Cranworth Madd marriage matter ment misrepresentation mistake monies mortgage notice obtained person possession principle purchaser Railway Reese River relief respect rule Russ Sect sentation settlement settlor Smith solicitor specific performance statement statute supra testator tion transaction trust unless vendor Venezuela Vern void voluntary warranty
인기 인용구
82 페이지 - I am of opinion that, generally speaking, if a party having an interest to prevent an act being done has full notice of its having been done, and acquiesces in it, so as to induce a reasonable belief that he consents to it, and the position of others is altered by their giving credit to his sincerity, he has no more right to challenge the act to their prejudice than he would have had if it had been done by his previous license.
173 페이지 - Constructive notice, on the other hand, is a legal inference from established facts; and like other legal presumptions, does not admit of dispute.
133 페이지 - On the other hand, pressure, of whatever character, whether acting on the fears or the hopes, if so exerted as to overpower the volition without convincing the judgment, is a species of restraint under which no valid will con be made.
379 페이지 - Where the object of a testator's bounty or the subject of disposition (ie, the person or thing intended), is described in terms which are applicable indifferently to more than one person or thing, evidence is admissible to prove which of the persons or things so described was intended by the testator.
30 페이지 - But in cases, where the thing sold is not specific, and the property has not passed by the sale, the vendee may refuse to 'receive the thing proffered to him in performance of the contract, on the ground that it does not correspond with the descriptive statement, or in other words that the condition expressed in the contract has not been performed. Still if he...
63 페이지 - Where a known, described, and defined article is ordered of a manufacturer, although it is stated to be required by the purchaser for a particular purpose, still, if the known, defined, and described thing be actually supplied, there is no warranty that it shall answer the particular purpose intended by the buyer.
55 페이지 - But a * 724 single word, or (I may add) a nod or a wink, or a shake of the head, or a smile from the purchaser intended to induce the vendor to believe the existence of a non-existing fact, which might influence the price of the subject to be sold, would be sufficient ground for a Court of Equity to refuse a decree for a specific performance of the agreement.
19 페이지 - An EXAMINATION of the TESTIMONY of the FOUR EVANGELISTS, by the Rules of Evidence administered in Courts of Justice, with an account of the TRIAL of JESUS.
35 페이지 - ... the result of his own investigation and inquiry, and not upon the representations made to him by the other party : or if the means of investigation and verification be at hand, and the attention of the party receiving the representations be drawn to them, the circumstances of the case may be such, as to make it incumbent on a court of justice to impute to him a knowledge of the result, which, upon due inquiry, he ought to have obtained, and thus the notion of reliance' on the representations...
18 페이지 - The difficulty in every case is to determine whether the mistake or misapprehension is as to the substance of the whole contract, going, as it were, to the root of the matter, or only to some point, even though a material point, an error as to which does not affect the substance of the whole consideration :