American Law and Procedure, Svazek 1

James Parker Hall, James De Witt Andrews

La Salle Extension University, 1910

A systematic, non-technical treatment of American law and procedure, written by professors and teachers in law schools, and by legal writers of recognized ability.

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PREFATORY NOTE	i

Laws of logic and esthetics	vii

SECTION 2	x

Legislation as a source of law	xiii

Britains and Romans	xix

Development of English Law from Henry II to American Independence 20 Early modes of trial	xxii

Legal reforms of Henry II	xxiv

Magna Charta	xxv

186 Acts of God	141

187 Impossibility known to delinquent party	142

188 Contract dependent on the existence of a particular thing	143

189 Acts of law	144

190 Acts of war	146

192 Alternative contracts	147

CHAPTER XIII	150

196 Mistake by one party	151

Legislation of Edward I	xxvi

Legislation of Henry VIII	xxviii

The Stuart period	xxix

The eighteenth century	xxx

SECTION 3	xxxi

Early development of court of chancery	xxxii

Contest between chancery and common law courts	xxxiii

Development of equity jurisdiction	xxxiv

Function of equity	xxxv

SECTION 4	xxxvii

SECTION 5	xxxviii

Year Books Littletons Tenures	xxxix

Lord Coke	xl

Blackstone	xli

CHAPTER III	xlii

Illustration	xliii

Judicial precedents ordinarily followed	xlv

How far decisions create precedents Illustrations	xlvi

Conclusion	xlviii

Dicta	xlix

Precedents from other jurisdictions 1	l

How precedents are collected and cited	li

Statutes	liii

Classification of relative rights	lv

Promise must be enforceable in law 8	lv

Acceptance must be communicated	15

When actual receipt of acceptance is neccessary	16

Acceptance must be responsive to offer	17

Notice of acceptance Unilateral contracts	18

By whom offer must be accepted	19

When advertisement is an offer	20

Clear evidence of intent to make an offer is required	21

Binding force of agreement preliminary to formal contract	22

Acceptance must be in the terms of the offer	23

Effect of counter offer	24

Revocation where offer is to remain open for a definite time	25

Options	26

Termination by lapse of time	27

Period of offer determined by the subject matter	28

Answer by return mail	29

Effect of insanity	30

し Consideration 40 Consideration	32

Origin of doctrine	33

Motive and consideration	34

Adequacy of consideration	36

Benefit to the promisor	37

Consideration void in part	38

Subscription contracts	39

Composition with creditors	41

Performing or promising to perform a contract obligation	42

Apparent exceptions to the rule	44

Promises to third persons	45

Performance of a noncontract obligation	47

Forbearance or compromise of a claim	48

An actual claim must be presented	50

Moral consideration	55

CHAPTER V	68

Contracts for the sale of goods wares and merchandise	74

OPERATION OF CONTRACTS	75

CHAPTER VII	81

101 General doctrine	87

Special liability of the master in cases of contract with	95

CHAPTER VIII	96

117 Rules of interpretation	97

121 Dependent or independent promises	98

122 Independent promises	99

123 Dependent promises	100

125 Where act on one side requires time	101

127 Test of mutual dependency	102

129 Notice of facts upon which performance depends	103

130 Implied conditions	104

131 Where the consideration is not apportioned	105

132 Installment contracts	106

Illustrations	107

134 When the right of action accrues Anticipatory breach	109

112 Negotiable contracts	112

Details of the remedy	113

DISCHARGE OF CONTRACTS CHAPTER X	114

140 Dependent relative rescission	115

Unilateral	116

146 Equitable relief	117

149 Accord and satisfaction by implication	118

151 Substitution of parties	119

152 Substitution of creditors	120

CHAPTER XI	122

154 Gaming contracts	123

156 Insurance contracts as wagers	124

158 Agreements in restraint of trade	125

161 Statutory prohibitions	127

Stifling prosecution	128

Champerty	129

167 Agreement to influence public officials	130

168 Restraint of marriage	131

170 Sunday contracts	132

173 Where the act is highly immoral	133

174 Acts forbidden or penalized by statute	134

176 Right of innocent party	135

178 Parties not in equal fault	136

179 Where the illegal purpose is not consummated	137

181 Conflict of laws	138

CHAPTER XII	139

185 Subsequent impossibility	140

199 Mistake as to form	152

CHAPTER XIV	153

201 Affirmative misrepresentations	154

Distinction between effect of misrepresentation and of fraud	155

204 Statements of	156

2	162

CHAPTER II	169

13	175

Measure of recovery	182

Election of remedies	189

Recovery of Money Paid under Compulsion	191

Money paid under a judgment	197

Contribution between cocontractors	203

CHAPTER IV	210

Wilful default	216

Defendant wilfully or inexcusably in default	221

CHAPTER V	227

The parties involved in the relation	233

Capacity to act as agent	238

Implied assent	239

Gratuitous agency	240

Ratification is equivalent to prior authorization	241

Ratification is irrevocable	242

Act must be done on behalf of a principal disclosed to third party	243

The principal must be competent to do the act	244

Intervening rights of strangers must be respected	245

Transaction cannot be ratified in part only	246

Ratification must be with full knowledge of fact	247

Ratification may be expressed or implied	248

SECTION 4	249

Agency by estoppel	250

SECTION 5	251

CHAPTER III	253

Revocation by the principal	254

Rights of the agent on revocation	255

What constitutes a revocation	256

Renunciation by the agent	258

Death of a party or dissolution of a corporation	260

Indemnity	266

Duty as to special orders etc	272

Master liable	279

The superior servant doctrine	280

The different department doctrine	281

In general	282

Servants having a common employment	284

CHAPTER V	286

Loyalty	288

Agent cannot represent both parties	289

Paid agent	290

Gratuitous agent	291

Personal discharge of his functions as agent	292

Ministerial acts	293

Consequences of a permitted delegation	294

PART II	295

89 Torts actually authorized	296

Unauthorized torts committed in the course of the ser vants employment and in the intended furtherance of the masters business	297

Wilful acts	298

93	300

third party	301

Where the master has entrusted a dangerous instru mentality to the servant	302

Application of doctrine to frauds of agent	303

Exception in case of public agencies	305

100 Master not liable for torts of servant temporarily trans ferred to another master	306

101 Master not liable for torts of an interloper	307

CHAPTER VII	308

Exceptions	309

CHAPTER VIII	310

108 Authority actually conferred binds the principal	311

In general	312

Where the principal instructs against the use of incidental authority	314

Agents to sell	315

Agents to manage a business or property	316

Brokers	318

Auctioneers	319

Attorneys at Law	320

120 Authority by estoppel	321

122 Limits of principals liability	322

123 Exceptions to the rule of principals liability	323

SECTION 2	324

Written contracts	326

State of accounts between principal and agent	327

Third partys election	328

CHAPTER IX	330

130 Agents statements as to the fact of agency	331

132 Notice to the agent is notice to the principal	332

Limitations of rule	333

134 Notice must be received in the course of the agency	334

135 Notice to an agent adversely interested is not notice to the principal	335

136 Notice to agents of corporations	336

CHAPTER X	338

Exceptions	339

141 Same continued	340

142 Rights of principal against third party in quasicontract	341

Rights of undisclosed principal against third party in contract	342

State of accounts between agent and third party	343

Negotiable paper and sealed instrument	344

156 Sealed and negotiable instruments	350

CHAPTER XII	357

166 Agent may sue in his own behalf where he has a special	360

Appendix B Quasicontracts	371

Autorská práva

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American Law and Procedure, Svazek 1

Úplné zobrazení - 1917

American Law and Procedure ...
James Parker Hall,James De Witt Andrews
Úplné zobrazení - 1911

American Law and Procedure (Classic Reprint)
James Parker Hall
Náhled není k dispozici. - 2017

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Běžně se vyskytující výrazy a sousloví

accepted accord and satisfaction action for money action of assumpsit actual agency agent agreement allowed to recover amount appointment arises assignment assumed attorney authority benefits conferred binding bound breach bring an action claim common law consideration contract court held court of equity creditor damages debt debtor defendant discharge doctrine duty to pay employment enforced English entitled equity fact failure fendant fraud horse implied impossible injured insane intended jurisdictions land Lord Mansfield marriage master ment mistake negligence Negotiable Instruments obligation offer parol evidence rule payment performance permitted plaintiff power of attorney principal principal's promise to pay promisor quasi-contract question ratification reasonable value received recovery refused replevin result risk seal sell statement statute statute of frauds statute of limitations subject matter sued suit Suppose third party third person tiff tion tract transaction trover unjust enrichment valid void waive the tort

Oblíbené pasáže

Strana 69 - 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...‎

Objevuje se u 1027 knih od 1804-2007.

Strana 69 - No action shall be brought (1) whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate; (2) or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...‎

Objevuje se u 608 knih od 1805-2007.

Strana 69 - ... 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 some other person thereunto by him lawfully authorized.‎

Objevuje se u 271 knih od 1753-2006.

Strana xxv - No freeman shall be arrested or detained in prison, or deprived of his freehold, or outlawed, or banished, or in any way molested, and we will not set forth against him, nor send against him, unless by the lawful judgment of his peers and by the law of the land.‎

Objevuje se u 291 knih od 1811-2007.

Strana 132 - There are so many determining factors in the problem, however, that it is impossible to lay down any general rule as to the comparative economy of the use of water-power.‎

Objevuje se u 93 knih od 1832-2008.

Strana 27 - If he does not signify his approval or acceptance to the seller, but retains the goods without giving notice of rejection, then if a time has been fixed for the return of the goods, on the expiration of such time, and, if no time has been fixed, on the expiration of a reasonable time. What is a reasonable time is a question of fact.‎

Objevuje se u 178 knih od 1858-2007.

Strana 63 - When a person enters into a contract, and afterwards alleges that he was so insane at the time that he did not know what he was doing, and proves the allegation, the contract is as binding on him in every respect, whether it is executory or executed, as if he had been sane when he made it, unless he can prove further that the person with whom he contracted knew him to be so insane as not to be capable of understanding what he was about.‎

Objevuje se u 42 knih od 1895-2007.

Strana 318 - ... with the possession of any merchandise for the purpose of sale, or as a security for any advances to be made or obtained thereon, shall be deemed to be the true owner thereof, so far as to give validity to any contract made by such agent with any other person...‎

Objevuje se u 90 knih od 1829-1963.

Strana 69 - g reements (1677) no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate...‎

Objevuje se u 324 knih od 1804-2007.

Strana 301 - But with respect to the question whether a principal is answerable for the act of his agent in the course of his master's business, and for his master's benefit, no sensible distinction can be drawn between the case of fraud and the case of any other wrong.‎

Objevuje se u 111 knih od 1867-2004.

Bibliografické údaje

Název	American Law and Procedure, Svazek 1 American Law and Procedure, James Parker Hall
Redaktoři	James Parker Hall, James De Witt Andrews
Spolupracovník	La Salle Extension University. Department of Law
Vydavatel	La Salle Extension University, 1910

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