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Principles of the Law of Contract: With a Chapter on the Law of Agency
Sir William Reynell Anson
Перегляд фрагмента - 1924
Principles of the Law of Contract (Classic Reprint)
William Reynell Anson
Попередній перегляд недоступний - 2016
acceptance Accord and Satisfaction agent agreed agreement ance arising ascer assignment assumpsit authority benefit bill binding bound breach of contract cargo chose in action circumstances Common Law condition precedent consider consideration contract under seal Court held Courts of Equity covenant created creditor damages debt debtor deed defendant delivered discharge effect enforced English law entered entitled Equity evidence Exch executed existence express fact forbearance fraud give given ground illegal illustration implied instrument intention judgment jury law merchant liabilities Lord ment Mistake nature negotiable instrument obligation offer parol payment person plaintiff plaintiff sued principle prom promise to pay promisor proposal purchaser quantum meruit question reason recover refused regarded remedy representation right of action rule ship sideration simple contract specific performance statement statute Statute of Frauds subsequent promise thing third party tion tract unless validity void voidable warranty words writing
Сторінка 52 - ... 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 some other person thereunto by him lawfully authorized.
Сторінка 64 - That no contract for the sale of any goods, wares, and merchandise, 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 payment, or that some note or memorandum in writing of the said bargain be made and signed by the parties to be charged by such contract, or their agents thereunto lawfully authorized.
Сторінка 313 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally — ie, according to the usual course of things, from such breach of contract itself — or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.
Сторінка 81 - During the years of scarcity at the end of the last and beginning of the present century...
Сторінка 327 - ... when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Сторінка 329 - ... an implied condition that the parties shall be excused in case, before breach, performance becomes impossible from the perishing of the thing without default of the contractor.
Сторінка 9 - An agreement enforceable at law, made between two or more persons, by which rights are acquired by one or more to acts or forbearances on the part of the other or others.
Сторінка 52 - 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 miscarriages of another person...
Сторінка 266 - London, (the act of God, the queen's enemies, fire, and all and every other dangers and accidents of the seas, rivers, and navigation, of whatever nature and kind soever, excepted,) unto order or to assigns, he or they paying freight for the said goods at 51.
Сторінка 231 - It is said that, the covenant being one which does not run with the land, this court cannot enforce it; but the question is, not whether the covenant runs with the land, but whether a party shall be permitted to use the land in a manner inconsistent with the contract entered into by his vendor and with notice of which he purchased.