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" The principle seems to us to be, that in contracts in which the performance depends on the continued existence of a given person or thing, a condition is implied that the impossibility of performance, arising from the perishing of the person or thing,... "
Essays and Lectures Upon Some Legal Effects of War - Sivu 77
tekijä(t) Arnold Duncan McNair Baron McNair - 1920 - 168 sivua
Koko teos - Tietoja tästä kirjasta

A Treatise on the Law of Sale of Personal Property: With References to the ...

Judah Philip Benjamin - 1868 - 715 sivua
...some further illustrations, the rule was laid down as follows : " The principle seems to us to be that in contracts in which the performance depends on the...thing, a condition is implied, that the impossibility arising from the perishing of the person or thing shall excuse the performance." This case was followed...

Albany Law Journal, Nide 5

1872
...inevitable accident nor the act of God will excuse him. Ib. 5. But where the performance of a contract depends on the continued existence of a given person...the person or thing, shall excuse the performance, because, from the nature of the contract, it is apparent that the parties contracted on the basis of...

The Central Law Journal, Nide 46

1898
...Blackburn, J., said: "The principle seems to us to be that, in contracts in which performance depends on tbe continued existence of a given person or thing, a...the impossibility of performance, arising from the pei-isbing of the person or thing, shall excuse the performance." And it is said in Dexter v. Norton,...

The Indian Contract Act, Act IX of 1872: With a Commentary, Critical ...

India, Charles Colin Macrae - 1874 - 232 sivua
...impossible from the perishing of the thing without the default of the contractor." Such condition is implied in contracts in which the performance depends on the continued existence of a given person or thing, because from the nature of the contract it is apparent that the parties contracted on the basis of...

A Selection of Legal Maxims: Classified and Illustrated

Herbert Broom - 1874 - 993 sivua
...contract." Judgin. , Baily v. De Crespigny, LR 4 QB 185; citing per Muule, performance of a contract depends on the continued existence of a given person or thing, a condition may be implied that the impossibility arising from the perishing of the person or thing shall excuse...

A Treatise Upon the Law of Principal and Agent in Contract and Tort

William Evans - 1879 - 720 sivua
...work done. The principle stated by the Queen's Bench, in Taylor v. Caldwell (5), to the effect that " in contracts in which the performance depends on the...the person or thing shall excuse the performance," was not applied to the present case, because, in the opinion of the court, it fell within the qualification...

A Manual of Common Law for Practitioners and Students: Comprising the ...

Josiah William Smith - 1880 - 710 sivua
...non-performance is excused : First, where the per- formaix*. formance depends on the continued existence of a person or thing, a condition is implied that the impossibility...arising from the perishing of the person or thing •without the fault of the contractor, shall excuse the performance. (Taylor v. Coldwell, 3 Best &...

The Federal Reporter: Cases Argued and Determined in the ..., Niteet 153–154

1907
...Smith, 826, says : " 'In contracts in which the performance depends on the continued exist' •<•• of a given person or thing, a condition is implied that the impossibility of •rfi> nuance arising from the perishing of the person or thing shall excuse tie performance.' " And,...

A Treatise on the Law of Sale of Personal Property: With References to the ...

Judah Philip Benjamin - 1881 - 980 sivua
...further illustrations, the rule was laid down as follows : " The principle seems to us to be, that in contracts in which the performance depends on the...thing, a condition is implied, that the impossibility arising from the periling of the person or thing shall excuse the performance." (d) This case was followed...

The Law of Master and Servant

Charles Edmund Baker - 1881 - 176 sivua
...a picture, who is struck blind — the performance must be excused. The principle seems to be that, in contracts in which the performance depends on the...thing, a condition is implied that the impossibility arising from the perishing of the person or thing shall excuse the performance of the contract. In...




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