The Science of Law and Lawmaking: Being an Introduction to Law, a General View of Its Forms and Substance, and a Discussion of the Question of Codification
Macmillan, 1898 - 473 стор.
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The Science of Law and Lawmaking: Being an Introduction to Law, a General ...
Richard Floyd Clarke
Попередній перегляд недоступний - 2016
abstract according action actual answer applied argument arising attempt authority become called cause certain certainty CHAPTER Civil Code classes codification combinations common law conduct constitute construction contract Court covered decided decision defendant distinction effect enacted England English equity established ethical example exception existence experience expressed extend facts Field follows force give given govern hand Hence History importance indifferent individual instance interpretation involved judge judgment jurisdiction Jurisprudence jury knowledge known language laws of nature lawyer legislation Legislature limits matters meaning ment namely object particular party passed person portion practice present principles Procedure produce promise proved question reason reference relations reported requires restraint of trade result rule of law says scientific sense society statement statute statutory tion Title trade true truth United valid void writing written York
Сторінка 110 - no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate ; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Сторінка 236 - It is a maxim not to be disregarded that general expressions, in every opinion, are to be taken in connection with the case in which those expressions are used. If they go beyond the case, they may be respected, but ought not to control the judgment in a subsequent suit when the very point is presented for decision.
Сторінка 135 - It must not be forgotten that you are not to extend arbitrarily those rules which say that a given contract is void as being against public policy, because if there is one thing which more than another public policy requires it is that men of full age and competent understanding shall have the utmost liberty of contracting, and that their contracts, when entered into freely and voluntarily, shall be held sacred, and shall be enforced by courts of justice.
Сторінка 187 - The parties to a contract may agree therein upon an amount which shall be presumed to be the amount of damage sustained by a breach thereof, when, from the nature of the case, it would be impracticable or extremely difficult to fix the actual damage.
Сторінка 104 - ... of another person ; (3) or to charge any person upon any agreement made upon consideration of marriage ; (4) or upon any contract or sale of lands, tenements or hereditaments, or any interest in or concerning them; (5) or upon any agreement that is not to be performed within the space of one year from the making thereof; (6) unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or...
Сторінка 134 - We do not see how a better test can be applied to the question whether reasonable or not than by considering whether the restraint is such only as to afford a fair protection to the interests of the party in favor of whom it is given, and not so large as to interfere with the interests of the public.
Сторінка 187 - Every agreement by which any party thereto is restricted absolutely from enforcing his rights under or in respect of any contract by the usual legal proceedings in the ordinary tribunals, or which limits the time within which he may thus enforce his rights, is void to that extent Exception 1.
Сторінка 187 - One who sells the good will of a business may agree with the buyer to refrain from carrying on a similar business within a specified county, city, or a part thereof, so long as the buyer, or any person deriving title to the good will from him, carries on a like business therein.
Сторінка 208 - Every contract by which any one is restrained from exercising a lawful profession, trade, or business of any kind, otherwise than is provided by the next two sections, is to that extent void.
Сторінка 104 - That no contract for the sale of any goods, wares, and merchandises, for the price of ten pounds sterling or upwards shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part...