Principles of the English Law of Contract and of Agency in Its Relation to ContractClarendon Press, 1895 - Počet stran: 379 |
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acceptance action of deceit agent agreed agreement apply arising assignment assumpsit authority benefit binding bound breach Chancery charter-party circumstances Common Law Company condition consideration Contract under Seal Court of Appeal Court of Equity covenant creditor damages debt debtor deed defendant discharge effect enforced English law entered entitled Equity estoppel evidence ex delicto Exch executed executory existence express fact false forbearance fraud fraudulent give given ground House of Lords illegal induced infant intention judgment liability Lord Lord Cairns marriage married woman ment misrepresentation Mistake negotiable instruments obligation offer offeror paid parol payment person plaintiff principle promise to pay promisor promissory note purchase reasonable recover regarded remedy representation right of action rule simple contract specific performance statement Statute Statute of Frauds subsequent promise sued thing third party tion transaction unless validity Vict void voidable wager warranty
Oblíbené pasáže
Strana 60 - 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 60 - ... or to charge any person upon any agreement made upon consideration of marriage ; or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them ; or upon any agreement that is not to be performed within the space of one year from the making thereof...
Strana 70 - ... the buyer shall accept part of the goods or choses in action so contracted to be sold or sold, and actually receive the same, or give something in earnest to bind the contract, or in part payment, or unless some note or memorandum in writing of the contract or sale be signed by the party to be charged or his agent in that behalf.
Strana 74 - A valuable consideration, in the sense of the law, may consist either in some right, interest, profit, or benefit accruing to the one party, or some forbearance, detriment, loss or responsibility given, suffered, or undertaken by the other.
Strana 334 - That an act done for another, by a person, not assuming to act for himself, but for such other person, though without any precedent authority whatever, becomes the act of the principal, if subsequently ratified by him, is the known and well established rule of law.
Strana 190 - all contracts or agreements, whether by parol or in writing, by way of gaming or wagering, shall be null and void ; and that no suit shall be brought or maintained in any court of law or equity for recovering any sum of money or valuable thing alleged to be won upon any wager, or which shall have been deposited in the hands of any person to abide the event on which any wager shall have been made.
Strana 248 - ... shall have transferred to and vested in him all rights of suit, and be subject to the same liabilities in respect of such goods as if the contract contained in the bill of lading had been made with himself.
Strana 302 - Where the property in the goods has not passed to the buyer, and the seller wrongfully neglects or refuses to deliver the goods, the buyer may maintain an action against the seller for damages for nondelivery.
Strana 324 - ... in the absence of any express or implied warranty that the thing shall exist, the contract is not to be construed as a positive contract, but as subject to 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.
Strana 323 - 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. And therefore if the lessee covenant to repair a house, though it be burnt by lightning, or thrown down by enemies, yet he ought to repair it &c.