 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 79tekijä(t) Arnold Duncan McNair Baron McNair - 1920 - 168 sivuaKoko teos - Tietoja tästä kirjasta
 | Judah Philip Benjamin - 1868 - 748 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... | |
 | 1872 - 438 sivua
...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... | |
 | 1898 - 562 sivua
...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,... | |
 | India, Charles Colin Macrae - 1874 - 274 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... | |
 | Herbert Broom - 1874 - 880 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... | |
 | William Evans - 1879 - 802 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... | |
 | Josiah William Smith - 1880 - 800 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 &... | |
 | 1907 - 2136 sivua
...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,... | |
 | Judah Philip Benjamin - 1881 - 1076 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... | |
 | Charles Edmund Baker - 1881 - 200 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... | |
| |
