The Performance of Contracts: A Summary of Conditions in Contracts and Impossibility of PerformanceFlood & Company, 1911 - Počet stran: 82 |
Další vydání - Zobrazit všechny
The Performance of Contracts: A Summary of Conditions in Contracts and ... George Purcell Costigan Náhled není k dispozici. - 2018 |
Běžně se vyskytující výrazy a sousloví
applicable architect bilateral contract bond breach of contract building contract burden of proof buyer cause of action certificate charter parties cited Clarence D common law concurrent conditions condition subsequent conditions concurrent conditions implied conditions in contracts constitute construe courts covenant or promise damages deed default defendant discharge dition doctrine existence expressly facie fact or event formance Harriman on Contracts held implied by law Implied Conditions implied in fact impossibility of performance installment insurance policies intention internal conditions Langdell's Rule law of contracts law of sales liability Mass non-performance notice obligation pay money plaintiff pleading Pollock on Contracts Professor Harriman Professor Langdell promisor quasi-contract real property reason recover recovery refusal representation repudiation right of action Rules on Conditions seems seller Sergeant Williams Sherman County side stipulation subsequent in form substantial performance Summary of Contracts tion tobacco tract unless Wald's Pollock warranty Williston on Sales words
Oblíbené pasáže
Strana 27 - Any affirmation of fact or any promise by the seller relating to the goods is an express warranty if the natural tendency of such affirmation or promise is to induce the buyer to purchase the goods, and if the buyer purchases the goods relying thereon. No affirmation of the value of the goods, nor any statement purporting to be a statement of the seller's opinion only shall be construed as a warranty.
Strana 28 - ... (b) Accept or keep the goods and maintain an action against the seller for damages for the breach of warranty...
Strana 71 - If a day be appointed for payment of money, or part of it, or for doing any other act, and the day is to happen, or may happen, before the thing which is the consideration of the money, or other act, is to be performed ; an action may be brought for the money, or for not doing such other act before performance, for it appears that the party relied upon his remedy, and did not intend to make the performance a condition precedent. And so it is where no time is fixed for performance of that, which is...
Strana 61 - But 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," so that it is no excuse if that which happens might have been provided against by the contract.
Strana 31 - In the contracts of merchants, time is of the essence. The time of shipment is the usual and convenient means of fixing the probable time of arrival, with a view of providing funds to pay for the goods, or of fulfilling contracts with third persons.
Strana 43 - Parties may think some matter, apparently of very little importance, essential ; and if they sufficiently express an intention to make the literal fulfilment of such a thing a condition precedent, it will be one; or they may think that the performance of some matter, apparently of essential importance and prima facie a condition precedent, is not really vital, and may be compensated for in damages, and if they sufficiently expressed such an intention, it will not be a condition precedent.
Strana 61 - There can be no doubt that a man may by an absolute contract bind himself to perform things which subsequently become impossible, or to pay damages for the non-performance, and this construction is to be put upon an unqualified undertaking, where the event which causes the impossibility was or might have been anticipated and guarded against in the contract, or where the impossibility arises from the act or default of the promisor.
Strana 31 - A statement descriptive of the subject-matter, or of some material incident, such as the time or place of shipment, is ordinarily to be regarded as a warranty in the sense in which that term is used in insurance and maritime law; that is to say, a condition precedent upon the failure or non-performance of which the party aggrieved may repudiate the whole contract.
Strana 61 - ... but 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...
Strana 27 - Specific- goods" means goods identified and agreed upon at the time a contract of sale is made. "Warranty" as regards England and Ireland means an agreement with reference to goods which are the subject of a contract of sale, but collateral to the main purpose of such contract, the breach of which gives rise to a claim for damages, but not to a right to reject the goods and treat the contract as repudiated.