The Law of ContractsLittle, Brown, and Company, 1911 - Počet stran: 310 |
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acceptance action agreement alleged applied assignment assumpsit benefit bilateral contract binding bound breach champerty charter-party chose in action cited Clarence D Common Law condition precedent constitute contemplated contract arises counter promise Court held court of equity covenant debt decision defendant defendant's delivered delivery duty enforced equity essence estoppel exchange exists express condition furnished give given Harv hence illegal implied conditions implied in law indicate infra instrument intent James Barr Ames jurisdictions justice language legal title letter liability Lord Lord Mansfield mutual and concurrent mutual assent obligation offer calls offeree offeror parties payment performance plaintiff promise to pay promisor proposed proposition quasi-contract question of fact reasonable received recovery refused request requires revocation rule seal seems sideration statute subsequent suppose supra sustained tender theory thing third person tion tort tract unilateral unless waiver Williston's Wald's Pollock words York
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Strana 248 - ... or upon any agreement that is not to be performed within the space of one year from the making thereof, 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.
Strana 280 - 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.
Strana 71 - All contracts are by the laws of England distinguished into agreements by specialty, and agreements by parol; nor is there any such third class as some of the counsel have endeavoured to maintain, as contracts in writing. If they be merely written and not specialties, they are parol, and a consideration must be proved.
Strana 135 - Of him they knew nothing, and of him they never thought. With him they never intended to deal. Their minds never, even for an instant of time, rested upon him, and as between him and them there was no consensus of mind which could lead to any agreement or any contract whatever. As between him and them there was *merely [466 the one side to a contract, where, in order to produce a contract, two sides would be required.
Strana 248 - 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...
Strana 152 - Eliz. c. 2, to be punished by six months' imprisonment, and treble damages to the party injured. Maintenance. 12. Maintenance is an offence that bears a near relation to the former, being an officious intermeddling in a suit that no way belongs to one, by maintaining or assisting either party, with money or otherwise to prosecute or defend it; a practice that was greatly encouraged by the first introduction of uses.
Strana 200 - His lordship then proceeded to say, that the dependence or independence of covenants was to be collected from the evident sense and meaning of the parties, and that, however transposed they might be in the deed, their precedency must depend on the order of time in which the intent of the transaction requires their performance.
Strana 227 - It is too well settled by authority, both in England and in this country, to permit of questioning, that the purchaser of a draft or check who obtains title without an indorsement by the payee holds it subject to all equities and defenses existing between the original parties, even though he has paid full consideration, without notice of the existence of such equities and defenses.
Strana 292 - To constitute an accord and satisfaction, it is necessary that the money should be offered in satisfaction of the claim, and the offer accompanied with such acts and declarations as amount to a condition that, if the money is accepted, it is accepted in satisfaction, and such that the party to whom it is offered is bound to understand therefrom that, if he takes it, he takes it subject to such condition.
Strana 241 - To give a third party who may derive a benefit from the performance of the promise an action, there must be, first, an intent by the promisee to secure some benefit to the third party, and second, some privity between the two, the promisee and the party to be benefited...