A Treatise on the Law of Obligations, Or Contracts, Nide 2A. Strahan, 1806 |
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Tulokset 1 - 5 kokonaismäärästä 65
Sivu 9
... seem to be founded upon very fatisfactory reasons : in the first place , it may be incidentally obferved , that the award had created a new original duty , and could not , any more than a judgment , be impeached on account of the ...
... seem to be founded upon very fatisfactory reasons : in the first place , it may be incidentally obferved , that the award had created a new original duty , and could not , any more than a judgment , be impeached on account of the ...
Sivu 10
... seems to be supported upon the strongest foundations of justice . Where parties agree to contravene a legal prohibition , it is a neceffary con- sequence fequence that from fuch agreement no legal obligation can arife 10 [ Numb . I ...
... seems to be supported upon the strongest foundations of justice . Where parties agree to contravene a legal prohibition , it is a neceffary con- sequence fequence that from fuch agreement no legal obligation can arife 10 [ Numb . I ...
Sivu 17
... seems probable that they would not have thought the affured , ( in confequence of a notice from whom the broker had re- fufed to pay ) any better intitled to recover . It is obvious that the prin- ciple adopted in this cafe is oppofite ...
... seems probable that they would not have thought the affured , ( in confequence of a notice from whom the broker had re- fufed to pay ) any better intitled to recover . It is obvious that the prin- ciple adopted in this cafe is oppofite ...
Sivu 30
... seems to be now established as a general pofition , that the deeds of infants are not void but only voidable , or in other words , that they are not neceffarily and abfolutely inoperative , although an exception may be taken to their ...
... seems to be now established as a general pofition , that the deeds of infants are not void but only voidable , or in other words , that they are not neceffarily and abfolutely inoperative , although an exception may be taken to their ...
Sivu 40
... seems extremely clear that with refpect to acts committed by fervants , without reference to the functions in which they are employed , no responsibility attaches to the masters . Mr. Juftice Buller , fpeaking in illuftration of the ...
... seems extremely clear that with refpect to acts committed by fervants , without reference to the functions in which they are employed , no responsibility attaches to the masters . Mr. Juftice Buller , fpeaking in illuftration of the ...
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Yleiset termit ja lausekkeet
Abbé d'Orleans abfolutely action admitted againſt alfo alſo anſwer arifing becauſe cafe caſe caufe cauſe circumftances claufe codicillary Comte de St conclufion confequence confideration confidered contract courſe court court of equity debt decifion deed defendant depofitions difcuffion difpofition diftinction diſcharge equity eſtabliſhed evidence examination expreffed expreffions fact faid fame fanity favour fecond feems feveral fhall fhew fhould fide figned fince firft firſt fome ftate ftatute fubject fuch fufficient fuppofed fupport heir himſelf huſband infanity inftance inftitution inftrument intereft itſelf judgment Juftice jury laft Lord Lord Mansfield Madame de Longueville Madame de Nemours moſt muſt nature neceffary obferved obligation occafion opinion oppofite paid particular party payment perfon plaintiff pofitive prefent prefumption Prince de Conty principle promife proof proved purpoſe queſtion reaſon refpect rule ſeems ſeveral ſhall ſtate ſuch teftament teftator teftimony thefe themſelves theſe thofe thoſe tion unleſs uſe witneffes witneſs
Suositut otteet
Sivu 2 - 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.
Sivu 388 - The place had not been procured, and the party who had paid the money, having brought his action to recover it back ; it was held that he fhould recover, becaufe the contract remained executory.
Sivu 383 - So where a man has paid a debt, which would otherwise have been barred by the statute of limitations ; or a debt contracted during his infancy, which in justice he ought to discharge, though the law would not have compelled the payment, yet the money being paid, it will not oblige the payee to refund it. But where money is paid under a mistake, which there was no ground to claim in conscience, the party may recover it back again by this kind of action.
Sivu 351 - From the variety of cases relative to judgments being given in evidence in civil suits these two deductions seem to follow as generally true: First, that the judgment of a court of concurrent jurisdiction directly upon the point is as a plea a bar, or as evidence, conclusive between the same parties upon the same matter directly in question in another court...
Sivu 120 - And be it further enacted, That all Actions of Trespass, Quare clausum fregit, all Actions of Trespass, Detinue, Action sur Trover, and Replevin for taking away of Goods and Cattle, all Actions of Account, and upon the Case, other than such Accounts as concern the Trade of Merchandize between Merchant and Merchant, their Factors or Servants...
Sivu 383 - The rule had always been, that if a man has actually paid what the law would not have compelled him to pay, but what in equity and conscience he ought, he cannot recover it back again in an action for money had and received.
Sivu 42 - The distinction is very clear, where mutual covenants go to the whole of the consideration on both sides, they are mutual conditions, the one precedent to the other. But where they go only to a part, where a breach may be paid for in damages, there the defendant has a remedy on his covenant, and shall not plead it as a condition precedent.
Sivu 201 - Where goods are ponderous, and incapable as here of being handed over from one to another, there need not be an actual delivery ; but it may be done by that which is tantamount, such as the delivery of the key of a warehouse in which the goods are lodged, or by delivery of other indicia of property.
Sivu 309 - But the ground of her it/competency arises from a principle of public policy, which does not permit husband and wife to give evidence that may even tend to criminate each other.
Sivu 370 - Romae, alia Athenis ; alia nunc, alia posthac ; sed, et apud omnes gentes et omni tempore, una eademque lex...