Principles of Contract: Being a Treatise on the General Principles Concerning the Validity of Agreements in the Law of England

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Stevens, 1885 - 744ÆäÀÌÁö

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In equity where circumstances of fraud c as between
lxxxix
AGREEMENT PROPOSAL AND ACCEPTANCE
1
Peculiar rules of construction in equity
2
Void agreements
7
Theory of floating obligation inadmissible
23
Contracts by correspondence
33
Final statement of the rule and qualification
41
Agreements in terms where consent not final
44
PAGE
50
Liability on obligations incident to property
60
Arundels Case 1616 Hob
64
Convicts
94
12
129
Position of informal contracts in ancient
133
17
141
19
148
Modern exceptions to requirement of seal
150
The note or memorandum
162
411
179
Treatment of gratuitous contracts under seal in equity
184
Duty of trustees
197
Assignment of contracts
206
Athen©¡um Life Ass Soc 1858 3 C B N S 725
211
Bills of lading
227
Of unlawful agreements in general and their classification
233
Agency
246
Agreements in consideration of illicit cohabitation
260
Egerton v Brownlow
273
Dealings by agent executor c against his duty
274
Negotiable instruments between England and hostile country
280
Sale of offices
287
Maintenance and champerty
293
Rules as to champerty
302
Fraud generally but not always includes misrepresentation
305
Aguilar 1820 5 Madd 414
310
Conflict of laws in space
320
Short 1856 1 H N 210 25 L J Ex 321
321
Impossibility at date of contract from existing state of things
334
378
337
Generally lex loci solutionis prevails
339
General statement of
352
Logical impossibility
358
Substituted contracts
370
241
381
Ashleys Case 1870 9 Eq 263 39 L J Ch 354 22 L
395
Except in certain special cases and except so far as in the case
398
Indian Contract Act on unlawful agreements
478
Conflicting views hereon
479
Cases in which nonfraudulent representation can affect contract
487
Rules of construction common to law and equity
488
Suretyship
493
General duty of vendor to describe property correctly
504
Fraudulent representation or concealment
513
not avoided by fraud
519
Effect of party misled having means of knowledge
525
Representation must be in same transaction
535
96
536
No rescission where the former state of things cannot be restored 541
541
219
545
Rescission must be within reasonable time i e a time not such
547
559
573
Albion Steel and Wire Co v Martin 1875 i Ch D 580
580
CHAPTER XII
597
451
600
Contracts by authorized agents
602
Purchase of subjectmatter of suit
606
452
609
245
610
Statutes regulating professions
620
No remedy at
626
APPENDIX
635
Crosbie 1835 Ll G temp Sugden 145 472
641
History of the equitable doctrine of separate estate
646
151
649
Authorities on limits of corporate powers
653
682
659
Note E Foreign laws prescribing forms of contract
671
Note G Early authorities on assignment of choses in action
679
If principal not named prima facie there is contract with agent
708
Cancellation of instruments
711
309
713
453
714
186
715
Municipal corporations
716
Settlements in fraud of marital right
721
Statutes of limitation belong to lex fori
727
Marriages within prohibited degrees
728
100
733
Agreements as to custody of children
734
Alliance Bank of Simla v Carey 1880 5 C P D 429 49
735
Agreements illegal by statute
740

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160 ÆäÀÌÁö - ... or 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...
600 ÆäÀÌÁö - g reements (1677) no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate...
600 ÆäÀÌÁö - ... or to charge any person upon any agreement made upon consideration of marriage ; or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them ; or upon any agreement that is not to be performed within the space of one year from the making thereof...
367 ÆäÀÌÁö - ... of the contract arrived some particular specified thing continued to exist, so that, when entering into the contract, they must have contemplated such continuing existence as the foundation of what was to be done...
332 ÆäÀÌÁö - If, from the plaintiff's own stating or otherwise, the cause of action appears to arise ex turpi causa, or the transgression of a positive law of this country, there the Court says he has no right to be assisted. It is upon that ground the Court goes; not for the sake of the defendant, but because they will not lend their aid to such a plaintiff.
60 ÆäÀÌÁö - Viet. c. 62), it is enacted that ' all contracts whether by specialty or by simple contract henceforth entered into by infants for the repayment of money lent, or to be lent, or for goods supplied, or to be supplied (other than contracts for necessaries), and all accounts stated with infants shall be absolutely void...
636 ÆäÀÌÁö - The defendants must be considered in law as making, during every instant of the time their letter was travelling, the same identical offer to the plaintiffs, and then the contract is completed by the acceptance of it by the latter.
167 ÆäÀÌÁö - A valuable consideration in the sense of the law may consist either in some right, interest, profit, or benefit accruing to the one party, or some forbearance, detriment, loss, or responsibility given, suffered or undertaken by the other.
680 ÆäÀÌÁö - interest or no interest," or "without further proof of interest than the policy itself," or "without benefit of salvage to the insurer...
697 ÆäÀÌÁö - ... contract, or with his connivance or by his agent, with intent to deceive another party thereto or his agent, or to induce him to enter into the contract...

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