Cardinal Rules of Legal InterpretationStevens, 1908 - 674 стор. |
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Сторінка 58
... parol evidence . " - Queen Caroline's Case ( 1820 ) , 2 B. & B. 284 , at p . 289 , Abbott , C. J. " I have always ( perhaps more so than other judges ) acted most strictly on the rule that what is in writing shall only be proved by the ...
... parol evidence . " - Queen Caroline's Case ( 1820 ) , 2 B. & B. 284 , at p . 289 , Abbott , C. J. " I have always ( perhaps more so than other judges ) acted most strictly on the rule that what is in writing shall only be proved by the ...
Сторінка 80
... parol evidence was admitted , apparently without a question being raised , showing that a will purporting on the face of it to be executed before the passing of the Wills Act was actually executed after the Act came into operation ...
... parol evidence was admitted , apparently without a question being raised , showing that a will purporting on the face of it to be executed before the passing of the Wills Act was actually executed after the Act came into operation ...
Сторінка 84
... parol evidence of the particular meaning which the party affixed to his words , or of his secret intention in making the instrument , or of the objects he meant to take benefit under it , might be set up to contradict or vary the plain ...
... parol evidence of the particular meaning which the party affixed to his words , or of his secret intention in making the instrument , or of the objects he meant to take benefit under it , might be set up to contradict or vary the plain ...
Сторінка 89
... parol evidence . They put on paper what is to bind them , and so make the written document conclusive evidence between them . But it is always open to the parties to show whether or not the written document is the binding record of the ...
... parol evidence . They put on paper what is to bind them , and so make the written document conclusive evidence between them . But it is always open to the parties to show whether or not the written document is the binding record of the ...
Сторінка 90
... parol evidence of a parol communication between the parties ought not to be received to add a term not inserted in the specific agreement which they have executed ; and for this plain reason , that what passed between them in that ...
... parol evidence of a parol communication between the parties ought not to be received to add a term not inserted in the specific agreement which they have executed ; and for this plain reason , that what passed between them in that ...
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Cardinal Rules of Legal Interpretation (Classic Reprint) Edward Beal Попередній перегляд недоступний - 2017 |
Загальні терміни та фрази
Act of Parliament agreement alteration ambiguous appears applied ascertain Att.-Gen authority Beav binding Bing bound Brett canon of construction circumstances cited clause clear Coke common law considered construed according contrary Court of Appeal covenant decision deed delivering the judgment document domicil doubt Dublin mean duty Earl of Halsbury enactment English express foreign grammatical H. L. Cas implied inconsistent intention interpretation Jessel judges Judicial jurisdiction jury justice L. J. Ch L. J. Ex laid language legislation legislature lex fori Lindley Lord Alverstone Lord Blackburn Lord Esher Lord Halsbury Lord Tenterden matter maxim meaning ment operation ordinary parol particular parties passed persons preamble primâ facie principle provisions purpose question Rail reason recital reference regard remedy repeal repugnant rule of construction rule of law sense statute subject-matter taken technical thing tion true unless usage Vict words written instruments
Популярні уривки
Сторінка 486 - Comity,' in the legal sense, is neither a matter of absolute obligation, on the one hand, nor of mere courtesy and good will, upon the other. But it is the recognition which one nation allows within its territory to the legislative, executive or judicial acts of another nation, having due regard both to international duty and convenience, and to the rights of its own citizens or of other persons who are under the protection of its laws.
Сторінка 628 - An Act to facilitate the performance of the duties of justices of the peace out of sessions within England and Wales with respect to summary convictions and orders," inclusive of any Acts amending the same.
Сторінка 506 - And be it further enacted, that every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.
Сторінка 179 - The distinction is very clear, where mutual covenants go to the whole of the consideration on both sides, they are mutual conditions, the one precedent to the other. But where they go only to a part, where a breach may be paid for in damages, there the defendant has a remedy on his covenant, and shall not plead it as a condition precedent.
Сторінка 635 - ... affect any right, privilege, obligation, or liability acquired, accrued, or incurred under any enactment so repealed...
Сторінка 603 - ... unless a contrary Intention shall appear by the Will, by reason of such Person having a prior Estate Tail, or of a preceding Gift, being, without any Implication arising from such Words, a Limitation of an Estate Tail to such Person or Issue or otherwise : Provided, that this Act shall not extend to Cases where such Words as aforesaid import if no Issue described in a preceding Gift shall be born, or if there shall be no Issue who shall live to attain the Age or otherwise answer the Description...
Сторінка 59 - ... as by the known usage of trade or the like, acquired a peculiar sense distinct from the popular sense of the same words...
Сторінка 604 - Bequest shall not lapse, but shall take effect as if the Death of such Person had happened immediately after the Death of the Testator, unless a contrary Intention shall appear by the Will.
Сторінка 420 - Every statute, it has been said, which takes away or impairs vested rights acquired under existing laws, or creates a new obligation, or imposes a new duty, or attaches a new disability in respect of transactions or considerations already past, must be presumed, out of respect to the Legislature, to be intended not to have a retrospective operation.
Сторінка 609 - And by sect 21. it is enacted, " that " no obliteration, interlineation, or other " alteration made in any will after the " execution thereof shall be valid or " have any effect, except so far as the " words or effect of the will before such " alteration shall not be apparent...