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" 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. "
A Treatise on the Rescission of Contracts and Cancellation of Written ... - Sivu 230
tekijä(t) Henry Campbell Black - 1916 - 1779 sivua
Koko teos - Tietoja tästä kirjasta

North Carolina Reports: Cases Argued and Determined in the Supreme ..., Nide 151

North Carolina. Supreme Court - 1909 - 1058 sivua
...fact. In the neat phrase of Lord Jtistice Bowen, in Edgington v. Fitzmau-- rice, LR, 29 Ch. Div., 459, 'The state of a man's mind is as much a fact as the state of his digestion.' And, therefore, such assertions, being taken on the credit of the declarant as testimonial evidence...

The Southern Reporter, Nide 32

1903 - 1044 sivua
...of a fact than is an assertion of any other sort of fact; In the neat phrase of Lord Justice Bowen, 'The state of a man's mind Is as much a fact as the state of his digestion;' and therefore such assertions, being taken on the credit of the declarant as testimonial evidence of...

The Law of Torts: A Treatise on the Principles of Obligations Arising from ...

Frederick Pollock - 1890 - 694 sivua
...itself a matter of fact, and capable (though the proof be seldom easy) of being found as a fact. " The state of a man's mind is as much a fact as the state of his digestion " (/). It is settled that the vendor of goods can rescind the contract on the ground of fraud if he discovers within...

Digest of the Law of Evidence on the Trial of Actions at Nisi Prius, Nide 2

Maurice Powell - 1891 - 936 sivua
...a particular act may be a misstatcment of fact ; Edgington v. Fitzmuurice, 29 Ch. D. 459, CA ; for "the state of a man's mind is as much a fact as the state of his digestion; " Id. 483, per Bowcn, LJ It is now settled that in order, apart from statute, to maintain this action...

A Treatise on the Law of Torts in Obligations Arising from Civil Wrongs in ...

Frederick Pollock - 1894 - 842 sivua
...itself a matter of fact, and capable (though the proof be seldom easy) of being found as a fact. " The state of a man's mind is as much a fact as the state of his digestion " (I). It is settled that the vendor of goods can rescind the contract on the ground of fraud if he...

Hand-book of the Law of Torts, Nide 1

Edwin Ames Jaggard - 1895 - 700 sivua
...otherwise than as a fraud.7* The fact that an opinion is a state of the mind is no insuperable objection. "The state of a man's mind is as much a fact as the...It is true that it is very difficult to prove what is the state of a man's mind at a particular time; but, if it can be ascertained, it is as much letters...

The Law of Torts: A Treatise on the Principles of Obligations Arising from ...

Frederick Pollock - 1895 - 718 sivua
...itself a matter of fact, and capable (though the proof be seldom easy) of being found as a fact. " The state of a man's mind is as much a fact as the state of his digestion" (m). It is settled that the vendor of goods can rescind the contract on the ground of fraud if he discovers...

Harvard Law Review, Nide 9

1896 - 590 sivua
...rarely been disputed since Bowen, LJ, declared, in Edgington v. Fitzmaurice, LR 29 Ch. Div. 459, that " the state of a man's mind is as much a fact as the state of his digestion." If, then, this misrepresentation of a present fact is accompanied by the other elements of deceit,...

A Treatise on the Law of Evidence, Nide 1

Simon Greenleaf - 1899 - 1190 sivua
...existence of a fact than is an assertion of any other sort of fact; in the neat phrase of LJ Bowen: 4 "The state of a man's mind is as much a fact as the state of his digestion; " and therefore such assertions, being taken on the credit of the declarant as testimonial evidence...

An Exposition of the Principles of Estoppel by Misrepresentation

John Skirving Ewart - 1900 - 608 sivua
...not caring whether it was true or not, they would be liable." •.'en, LJ, in another case1 said: lie state of a man's mind is as much a fact as the state of his digesUnder other circumstances also an expression of intention may involve a representation of fact....




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