 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
 | Illinois. Supreme Court - 1895 - 730 sivua
...are regarded as insurers to the extent of making good the loss. There is a principle of the law that, in contracts in which the performance depends on the continued existence of a given or specified person or animal or thing, a condition is implied that the impossibility of performance... | |
 | Illinois. Supreme Court - 1876 - 794 sivua
...1074. But where, from the nature of the covenant, it is apparent the parties contracted on the basis of the continued existence of a given person or thing, a condition is implied that, if the performance became impossible from the perishing of the person or thing, that shall excuse such... | |
 | Illinois. Supreme Court - 1909 - 720 sivua
...error: In contracts from the nature of which it is apparent that the parties contracted on the basis of continued existence of a given person or thing, a condition is implied that if the performance becomes impossible from the perishing of the person or thing, that shall excuse... | |
 | Mississippi. Supreme Court - 1890 - 892 sivua
...Am. Rep. 62, and cases cited ; Benj. Sales 424. It is the English rule, that " in contracts in which performance depends on the continued existence of...thing, a condition is implied that the impossibility arising from the perishing of the person or thing shall excuse non-performance." The destruction of... | |
 | 1919 - 970 sivua
...plant. It is an undoubtedly sound principle of the law of contracts that, when the performance thereof depends on the continued existence of a given person...thing, a condition is implied that the impossibility arising from the perishing of the person or thing excuses performance, but we must confess that we... | |
 | Minnesota. Supreme Court - 1903 - 608 sivua
...but If, from the nature of the contract. It is apparent that the parties contracted on the basis of the continued existence of a given person or thing, a condition Is Implied that if the performance becomes impossible from the death of the person, or by the perishing of the thing,... | |
 | California. Supreme Court - 1922 - 936 sivua
...2 Sup. Ct. Rep. 752] ) : "In Taylor v. Caldwell, 3 Best & S. 826, it is laid down as a rule, that, 'in contracts in which the performance depends on...the person or thing shall excuse the performance.' The reason given for the rule is, that without 'any express stipulation that the destruction of the... | |
 | Gabriël Moens - 2005 - 276 sivua
...19 Ibid. The court, changing its traditional opinion, stated: '[T]he principle seems ... to be that, in contracts in which the performance depends on the...that the impossibility of performance arising from thejjerishing of the person or thing shall excuse the performance.' For an analysis, see AH, Puelinckx,... | |
 | J. M. Smits - 2006 - 841 sivua
...liable because the contract had been discharged by frustration; as the latter Lord Blackburn put it, 'a condition is implied that the impossibility of performance arising from the perishing of a person or thing shall excuse the performance' (at 839). A further aspect was added to the doctrine... | |
 | Great Britain. Courts - 1905 - 642 sivua
...LT Rep. 356, at p. 358 ; 3 B. & S. 82(i, at p. 839), thus : " The principle seems to us to be that, in contracts in which the performance depends on the...the person or thing shall excuse the performance." Here the performance depends on QB Div.] NICKOLL AND KNIGHT v. ASHTON, EDRIDGE, AND Co. [QB Div. the... | |
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