The Principles of the American Law of Contracts at Law and in Equity

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F. H. Thomas law book Company, 1893 - 640 sivua
 

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CHAPTER II
39
0 Contracts Created by Law 40 General rules
40
Void or voidable express contract
41
Infants and insane persons
45
Contract created from a tort 44 Money obtained by wrongful
46
Money paid under compulsion or duress
47
Voluntary payments
49
Legal process 48 Effect of protest
50
Money equitably belonging to another 50 Failure of consideration
51
Money paid for use of another
52
Payment under mistake of fact 53 Payment under mistake of
53
Money paid for illegal purpose
54
c Contracts Implied from Express Ones 55 Introductory 56 Usages of trade
59
In contracts of sale
60
In contracts of agency and service
63
The different kinds of contracts 1 CONTRACTS OF RECORD 60 Contracts of record 2 CONTRACTS UNDER SEAL 61 Contracts under seal 62 Ho...
65
b Form Required by the Statute 76 General principles 77 Memorandum must show a complete contract 78 Must show parties
66
Consideration
79
Must be signed by party charged
88
Signing by agent
89
Part performance
91
THE STATUTE OF FRAUDS 17TH SECTION 84 Introductory a What Contracts are Within the Statute 85 Goods wares and merchandise
92
Contracts for work and labor
93
Value b Form Required by the Statute
96
Acceptance and receipt
97
Earnest or part payment
98
c Effect of Noncompliance 90 Under this section contract void
99
CHAPTER IV
100
What is a consideration
102
Adequacy of consideration
104
In equity 95 Need not be money or money value
106
Promise for a promise
107
Mutuality required
108
Promise may be conditional
109
Moral obligation
112
Consideration must not be impossible 102 Nor vague
113
Promise to do what party bound to
114
Payment of part of debt
116
Compositions with creditors 106 Consideration must be legal 107 Consideration is executory or executed
118
Past consideration
120
CHAPTER V
123
Contracts which law would have compelied 135 Antenuptial debts of wife 136 Infant liable for necessaries
124
THE MODE OF FORMING THE RELATION SECTIOX 166 Introductory a Th Capacity of the Parties 167 Who may be principal and agent b The F...
125
Liability when principal unnamed but agency disclosed 197 Liability when agency undisclosed 198 Liability for frauds and torts III THE DETERMI...
126
Introductory
129
What are necessaries
137
Borrowing money for necessaries 139 Express contracts for necessaries
154
Securities given for pecessaries
155
Province of judge and jury
156
Ratification after reaching majority 143 Express ratification by new promise
157
Must be made with knowledge of nonliability 145 Elect of ratification
159
Implied ratification from acts and conduct
160
Disaffirmance before reaching majority
161
The right to disaffirm
162
Disaffirmance must be in toto 150 Form of disaffirmance
163
Same Implied disaflirmance
165
When disaffirmance required Lapse of time
166
Effect of disa ffirmance 154 Plea of infancy personal to infant
170
Necessity
171
Torts connected with contracts
172
G MARRIED WOMEN 156 Property rights of wife at common
174
Her separate estate in equity
175
Contracts of wife in equity
176
The wifes statutory estate
177
Wifes contracts for necessaries
178
Contracts of insane persons
181
Insanity not known to other party
183
Contracts for necessaries I DRUNKARDS 164 Contracts made by intoxicated persons
184
The right to contract by an agent Divisions of the subject
185
Ratification
193
Form of ratification 174 Ratification by acts and conduct
196
Declarations of agent 176 Ratification shifts liability to principal
197
Agent may not delegate his authority
207
b Rights and Liabilities of Parties when Principal Named 184 Principal bound agent
208
1 Nature and Extent of Agents Authority 185 General and special agency distinguished
209
Auctioneers
210
Factors 188 Brokers 189 Del credere agents
211
Foreign principal
212
Irresponsible or nonexistent principal 192 Agent cannot
213
2 Form of the Contract
214
CHAPTER VI
231
Duress avoids contract Duress defined 254 Legal imprisonment not duress 255 Must be personal duress of goods
232
Remedy of party defrauded he may afirm contract
246
Same or rescind contract
269
Extent of duress 257 Who must impose duress 258 Must affect promisor
275
E UNDUE INFLUENCE 259 What is undue influence
276
a Family or Confidential Relations 260 Introductory 261 Contracts between husband and wife 262 Parent and child 263 Guardian and ward
277
Trustee and cestui que trust 265 Attorney and client 266 Priest and member of flock
280
Physician and patient 268 Other cases 269 How long disability continues
281
b Mental Weakness 270 Rule in this case stated
282
c Necessities of Party 271 Introductory 272 Expectant heirs
283
Reversionary interests
284
Lender and borrower 275 Other cases of necessity
285
d Consideration 276 Inadequacy of consideration
286
e Remedies 277 Remedy of party
287
CHAPTER VII
288
Appointment of public officers 312 Agreements influencing elections 313 Exceptions to the foregoing rules 314 Salaries of public officers 315 Agre...
289
Contracts for vsury
294
Wagering contracts
299
Contracts of marine insurance
300
Contracts of fire insurance 287 Contracts of life insurance
302
Agreements for future delivery of goods
305
Contracts made on Sunday
306
Construction of the Sunday laws
308
ity 292 Contracts partly executed on Sunday
309
Rescission and ratification of such contracts b Contracts in Breach of Common Lav 294 Introductory
310
322 Agreements to facilitate divorce
322
Agreements for separation
323
Contracts in restraint of trade
342
Restraint unlimited as to both time and place 326 Restraint limited as to space but unlimited as to time
343
Restraint limited as to time but unlimited as to place
344
The modern doctrine Reasonableness of the restraint the test
345
Other cases of lawful restraint
346
Combinations among workmen
347
Combinations among employers and traders
348
Carriers of goods Limiting liability for negligence 333 Contracts with inpkeepers
350
Contracts with telegraph companies 335 Carriers of passengers Limiting liability for negligence
352
Introductory
354
CHAPTER VIII
375
THE PROOF OF THE CONTRACT
393
Identity of parties
399
To explain technical terms in written contracts
406
CHAPTER X
417
CHAPTER XI
429
CHAPTER XII
438
CHAPTER XIII
457
CHAPTER XIV
468
c Loss of Written Instrument 435 Effect of loss of written instrument
475
CHAPTER XV
477
CHAPTER XVI
484
PART V
497
CHAPTER XVII
501
CHAPTER XVIII
517
CHAPTER XIX
532
Authority must be executed in name of principal 194 Agent may bind himself personally 195 Liability of agent who contracts without authority
612
Interests in lands PART III
613
Consideration obtained by fraud 110 Failure of consideration
623
Agreements to commit a crime 297 Agreements to commit a civil wrong 298 Fraud and illegality distinguished 299 Frauds upon creditors assignmen...
624
Contracts influencing corporate action 306 Sales at auction agreements to defraud bidders 307 Sales at auction agreements to defraud owner c Contr...
625
Knowledge of illegal intention The American doctrine 346 Exceptions to the American doctrine 347 Agreements legal in one place illegal in another...
626
Infants contracts voidable not void 131 Infants concealment or misrepresentation as to age 132 The nonvoidable contracts of an infant 133 Contracts...
627
In what cases misrepresentation avoids contract 218 Contracts affected by misrepresentation 219 Contracts of insurance 220 Contracts for purchase o...
629
Introductory 309 Agreements to influence legislative action 310 Agreements to influence administrative and action executive
632
Right to recapture
634

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Sivu 503 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result...
Sivu 503 - ... such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.
Sivu 76 - ... 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 by him lawfully authorized.
Sivu 76 - ... 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...
Sivu 337 - It is furthermore hereby provided and mutually agreed, that no suit or action against this company, for the recovery of any claim by virtue of this policy, shall be sustainable in any Court of Law or Chancery until after an award shall have been obtained fixing the amount of such claim in the manner above provided...
Sivu 325 - It must not be forgotten that you are not to extend arbitrarily those rules which say that a given contract is void as being against public policy, because if there is one thing which more than another public policy requires it is that men of full age and competent understanding shall have the utmost liberty of contracting, and that their contracts when entered into freely and voluntarily shall be held sacred and shall be enforced by Courts of Justice.
Sivu 101 - All contracts are by the laws of England distinguished into agreements by specialty, and agreements by parol ; nor is there any such third class, as some of the counsel have endeavored to maintain, as contracts in writing. If they be merely written and not specialties, they are parol, and a consideration must be proved.
Sivu 94 - That a contract for the sale of articles then existing, or such as the vendor, in the ordinary course of his business, manufactures or procures for the general market, whether on hand at the time or not, is a contract for the sale of goods, to which the statute applies. But, on the other hand, if the goods are to be manufactured especially for the purchaser, and upon his special order, and not for the general market, the case is not within the statute.
Sivu 334 - Eliz. c. 2, to be punished by six months' imprisonment, and treble damages to the party injured. Maintenance. 12. Maintenance is an offence that bears a near relation to the former, being an officious intermeddling in a suit that no way belongs to one, by maintaining or assisting either party, with money or otherwise to prosecute or defend it; a practice that was greatly encouraged by the first introduction of uses.
Sivu 92 - That no contract for the sale of any goods, wares, and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part payment...

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