The Principles of the American Law of Contracts at Law and in EquityF.H. Thomas Law Book Company, 1905 - 688 sivua |
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Muita painoksia - Näytä kaikki
The Principles American Law of Contracts: At Law and in Equity (Classic Reprint) John D. Lawson Esikatselu ei käytettävissä - 2017 |
Yleiset termit ja lausekkeet
acceptance action agency agent agree agreement Allen assent authority Bank Barb binding bound Brown buyer Clark common law communicated Conn consideration contract court court of equity Cush Davis debt deed defendant Disaffirmance duress duty entered equity fact false fraud fraudulent held husband illegal implied infant intention Iowa Johns Jones land Lawson Rights letter liable marriage Mass ment Metc Miller Minn mistake N. J. Eq N. J. L N. W. Rep necessary offer Ohio St paid party payment performance person Pick plaintiff principal promise to pay promisor purchase quasi contract ratification reason recover representation rule saying seal sell seller Smith statute statute of frauds sued tion tract ultra vires Union Nat vendor void voidable Wend wife
Suositut otteet
Sivu 555 - ... 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 379 - No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act. 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.
Sivu 265 - But every one has a right to select and determine with whom he will contract, and cannot have another person thrust upon him without his consent. In the familiar phrase of Lord Denman, '• you have the right to the benefit you anticipate from the character, credit, and substance of the party with whom you contract.
Sivu 378 - For no country ever takes notice of the revenue laws of another. " <The objection, that a contract is immoral or illegal as between plaintiff and defendant, sounds at all times very ill in the mouth of the defendant. It is not for his sake, however, that the objection is ever allowed; but it is founded in general principles of policy, which the defendant has the advantage of, contrary to the real justice, as between him and the plaintiff, by accident, if I may so say. The principle of public policy...
Sivu 555 - 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 88 - ... 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 275 - Ignorantia juris haud excusat ' ; but in that maxim the word ' jus ' is used in the sense of denoting general law. the ordinary law of the country. But when the word ' jus ' is used in the sense of denoting a private right, that maxim has no application. Private right of ownership is a matter of fact ; it may be the result also of matter of (1) LR 2 HL, 149.
Sivu 88 - ... 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 300 - Where the means of knowledge are at hand and equally available to both parties, and the subject of purchase is alike open to their inspection, if the purchaser does not avail himself of these means and opportunities, he will not be heard to say that he has been deceived by the vendor's misrepresentations.
Sivu 14 - A valid contract may doubtless be made by correspondence, but care should always be taken not to construe as an agreement letters which the parties intended only as a preliminary negotiation.