A Treatise on the Rescission of Contracts and Cancellation of Written Instruments, Nide 1Vernon law book Company, 1916 - 1779 sivua |
Kirjan sisältä
Tulokset 1 - 5 kokonaismäärästä 100
Sivu xxiv
... Buyer for Seller's Account . Reconveyance of Land . Restoration of Possession of Land . 632. Liability for Interest on Consideration Received . Liability for Waste or Deterioration of Property . Accounting for Rents or Rental Value ...
... Buyer for Seller's Account . Reconveyance of Land . Restoration of Possession of Land . 632. Liability for Interest on Consideration Received . Liability for Waste or Deterioration of Property . Accounting for Rents or Rental Value ...
Sivu 27
... buyer has a right to inspect the thing sold , at a reasonable time , before accepting it , and may rescind the contract if the seller refuses to permit him to do so . The breach of a warranty entitles the buyer to rescind an agreement ...
... buyer has a right to inspect the thing sold , at a reasonable time , before accepting it , and may rescind the contract if the seller refuses to permit him to do so . The breach of a warranty entitles the buyer to rescind an agreement ...
Sivu 60
... buyer's mind , but fraudulently delivers to him a spuri- ous wheel of a different manufacture and of inferior grade , the buyer may rescind , at least if he had no reasonable op- portunity to discover the cheat until after accepting the ...
... buyer's mind , but fraudulently delivers to him a spuri- ous wheel of a different manufacture and of inferior grade , the buyer may rescind , at least if he had no reasonable op- portunity to discover the cheat until after accepting the ...
Sivu 61
... buyer might rescind , whether or not the seller made a mistake.11 So where the buyer of an alleged imported Percheron stal- lion was induced to purchase by the seller's false repre- sentations that the horse was imported and a Percheron ...
... buyer might rescind , whether or not the seller made a mistake.11 So where the buyer of an alleged imported Percheron stal- lion was induced to purchase by the seller's false repre- sentations that the horse was imported and a Percheron ...
Sivu 69
... buyer's weak financial condition and situa- tion , 153 or did not take an offered security because he thought the purchaser was abundantly able to pay.154 As to the meaning of " insolvency , " the common - law definition was that it was ...
... buyer's weak financial condition and situa- tion , 153 or did not take an offered security because he thought the purchaser was abundantly able to pay.154 As to the meaning of " insolvency , " the common - law definition was that it was ...
Sisältö
524 | |
525 | |
526 | |
527 | |
528 | |
529 | |
530 | |
531 | |
152 | |
153 | |
156 | |
159 | |
160 | |
178 | |
233 | |
296 | |
298 | |
300 | |
306 | |
309 | |
317 | |
322 | |
326 | |
347 | |
348 | |
349 | |
350 | |
351 | |
352 | |
353 | |
354 | |
355 | |
356 | |
357 | |
358 | |
359 | |
361 | |
362 | |
363 | |
364 | |
365 | |
366 | |
367 | |
368 | |
369 | |
370 | |
371 | |
372 | |
373 | |
374 | |
375 | |
376 | |
377 | |
378 | |
379 | |
380 | |
382 | |
383 | |
384 | |
385 | |
386 | |
387 | |
388 | |
389 | |
390 | |
391 | |
392 | |
393 | |
394 | |
395 | |
396 | |
397 | |
398 | |
399 | |
400 | |
401 | |
402 | |
403 | |
404 | |
405 | |
406 | |
407 | |
410 | |
412 | |
413 | |
414 | |
415 | |
416 | |
417 | |
418 | |
419 | |
420 | |
421 | |
422 | |
423 | |
424 | |
425 | |
426 | |
427 | |
428 | |
429 | |
430 | |
431 | |
432 | |
433 | |
434 | |
435 | |
436 | |
437 | |
438 | |
439 | |
440 | |
441 | |
442 | |
443 | |
444 | |
445 | |
446 | |
447 | |
448 | |
449 | |
450 | |
451 | |
452 | |
453 | |
454 | |
455 | |
456 | |
457 | |
458 | |
459 | |
460 | |
461 | |
462 | |
463 | |
464 | |
465 | |
466 | |
467 | |
468 | |
469 | |
470 | |
471 | |
472 | |
473 | |
474 | |
475 | |
476 | |
477 | |
478 | |
479 | |
480 | |
481 | |
482 | |
483 | |
484 | |
485 | |
486 | |
487 | |
488 | |
489 | |
490 | |
491 | |
492 | |
493 | |
494 | |
495 | |
496 | |
497 | |
498 | |
499 | |
500 | |
501 | |
502 | |
503 | |
504 | |
505 | |
506 | |
507 | |
508 | |
509 | |
510 | |
511 | |
512 | |
513 | |
514 | |
515 | |
516 | |
517 | |
518 | |
519 | |
520 | |
532 | |
533 | |
534 | |
535 | |
536 | |
537 | |
538 | |
539 | |
540 | |
541 | |
542 | |
543 | |
544 | |
545 | |
546 | |
547 | |
548 | |
549 | |
550 | |
551 | |
552 | |
553 | |
554 | |
555 | |
556 | |
557 | |
558 | |
559 | |
560 | |
561 | |
562 | |
563 | |
564 | |
565 | |
566 | |
567 | |
568 | |
569 | |
570 | |
571 | |
572 | |
573 | |
574 | |
575 | |
576 | |
577 | |
578 | |
579 | |
580 | |
581 | |
582 | |
583 | |
584 | |
585 | |
586 | |
587 | |
588 | |
589 | |
590 | |
591 | |
592 | |
593 | |
594 | |
595 | |
596 | |
597 | |
598 | |
599 | |
600 | |
601 | |
602 | |
603 | |
604 | |
605 | |
606 | |
607 | |
608 | |
609 | |
610 | |
611 | |
612 | |
613 | |
614 | |
615 | |
616 | |
617 | |
618 | |
619 | |
620 | |
621 | |
622 | |
623 | |
624 | |
625 | |
626 | |
627 | |
628 | |
629 | |
630 | |
631 | |
632 | |
633 | |
634 | |
635 | |
636 | |
637 | |
638 | |
639 | |
640 | |
641 | |
642 | |
643 | |
644 | |
645 | |
646 | |
647 | |
648 | |
649 | |
650 | |
651 | |
652 | |
653 | |
654 | |
655 | |
655 | |
657 | |
658 | |
659 | |
660 | |
661 | |
662 | |
663 | |
664 | |
665 | |
666 | |
667 | |
668 | |
669 | |
670 | |
671 | |
672 | |
673 | |
674 | |
675 | |
676 | |
677 | |
678 | |
679 | |
680 | |
681 | |
682 | |
683 | |
684 | |
685 | |
686 | |
687 | |
688 | |
689 | |
690 | |
691 | |
692 | |
693 | |
694 | |
700 | |
706 | |
721 | |
727 | |
729 | |
731 | |
760 | |
762 | |
764 | |
767 | |
770 | |
772 | |
774 | |
778 | |
780 | |
788 | |
789 | |
793 | |
829 | |
Yleiset termit ja lausekkeet
action of deceit agent alleged artifice assertion Bank buyer cancellation caveat emptor Code Cal Code Mont Colo confidential relation constructive fraud contract conveyance corporation court of equity damages deed defendant defrauded duty entitled executed existing false representations falsity fiduciary fraudulent representations grantee grantor ground held induced injury insolvency instrument Iowa justify knowledge land Law Rep liable Lumber Mass material fact matter ment Mercantile Trust Co Minn Misc misrepresentation mistake mistake of law N. J. Eq N. J. Law N. Y. Supp obtained party plaintiff practised principal purchaser quitclaim deed reason relief rescind rescission rule Security Mut seller sentations signing Smith sold South Super Tenn third person tion tract transaction trust truth vendor voidable warrant Wash
Suositut otteet
Sivu 24 - Mistake of fact is a mistake, not caused by the neglect of a legal duty on the part of the person making the mistake, and consisting in (1) an unconscious ignorance or forgetfulness of a fact, past or present, material to the contract; or (2) belief in the present existence of a thing material to the contract, which does not exist, or in the past existence of such a thing, which has not existed.
Sivu 24 - ... 1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true; 2. The positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true; 3.
Sivu 230 - There must be a misstatement of an existing fact, but the state of a man's mind is as much a fact as the state of his digestion.
Sivu 545 - ... there must be some actual or threatened exercise of power possessed, or believed to be possessed, by the party exacting or receiving the payment over the person or property of another, from which the latter has no other means of immediate relief than by making the payment.
Sivu 374 - 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 law; but if parties contract under a mutual mistake and misapprehension as to their relative and respective rights, the result is, that that agreement is liable to be...
Sivu 712 - A contract ultra vires being unlawful and void not because it is in itself immoral, but because the corporation, by the law of its creation, is incapable of making it, the courts, while refusing to maintain any action upon the unlawful contract, have always striven to do justice between the parties, so far as could be done consistently with adherence to law, by permitting property or money, parted with on the faith of the unlawful contract, to be recovered back, or compensation to be made for it.
Sivu 26 - Rescission, when not effected by consent, can be accomplished only by the use, on the part of the party rescinding, of reasonable diligence to comply with the following rules: (1) he must rescind promptly, upon discovering the facts which entitle him to rescind...
Sivu 480 - ... where from the nature of the contract it appears that the parties must from the beginning have known...
Sivu 670 - A minor cannot disaffirm a contract, otherwise valid, to pay the reasonable value of things necessary for his support, or that of his family, entered into by him when not under the care of a parent or guardian able to provide for him or them;217 provided, that these things have been actually furnished to him or to his family.218 § 37.
Sivu 433 - No principle of the common law has been better established, or more often affirmed, both In this country and In England, than that In sales of personal property, in the absence of express warranty, where the buyer has an opportunity to Inspect the commodity, and the seller Is guilty of no fraud, and is neither the manufacturer nor grower of the article he sells, the maxim of caveat emptor applies.