Principles of Contract at Law and in Equity: Being a Treatise on the General Principles Concerning the Validity of Agreements in the Law of England, Էջ 776Stevens, 1881 - 770 էջ |
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Այլ խմբագրություններ - View all
Principles of Contract at Law and in Equity: Being a Treatise on the General ... Frederick Pollock Ամբողջությամբ դիտվող - 1881 |
Principles of Contract at Law and in Equity: A Treatise on the General ... Frederick Pollock Ամբողջությամբ դիտվող - 1906 |
Common terms and phrases
acceptance Act of Parliament action agent agree agreement apply assignment assumpsit authority Bank Barrister-at-Law Beav benefit bill binding bound champerty Chancery common law condition consent consideration corporation Court of Chancery courts of equity covenant creditor debt debtor decision deed defendant doctrine duty Edition effect enforce England English law entitled estoppel evidence executed existence express fact fraud given ground held House of Lords illegal infant instrument intention interest judgment kind L. J. Ex land law merchant liable Lord marriage matter ment mistake modern nature negotiable instruments obligation particular parties partnership payment plaintiff practice principal promise proposal purchaser purpose question reason recover remedy Roman law rule seal seems shareholders shares solicitor statute Statute of Frauds sued supra surety thing third person tion tract transaction treated unlawful valid vendor Vict void voidable
Սիրված հատվածներ
Էջ 351 - If, from the plaintiff's own stating or otherwise, the cause of action appears to arise ex turpi causa, or the transgression of a positive law of this country, there the court says he has no right to be assisted. It is upon that ground the court goes ; not for the sake of the defendant, but because they will not lend their aid to such a plaintiff.
Էջ 351 - The principle of public policy is this; ex dolo malo non oritur actio. No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act.
Էջ 179 - 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.
Էջ 475 - ... but only to prevent the defendant from using the written document in a manner inconsistent with the real agreement, there was no difficulty raised by the Statute of Frauds, "which does not make any signed instrument a valid contract by reason of the signature, if it is not such according to the good faith and real intention of the parties.
Էջ 60 - All contracts, whether by specialty or by simple contract, henceforth entered into by infants for the repayment of money lent or to be lent, or for goods supplied or to be supplied (other than contracts for necessaries ) , and all accounts stated with infants, shall be absolutely void...
Էջ 294 - It must not be forgotten that you are not to extend arbitrarily those rules which say that a given contract is void as being against public policy, because, if there is one thing which more than another public policy requires, it is that men of full age and compeMcKay v.
Էջ 71 - Therefore it is clearly agreed by all the books that speak of this matter that an infant may bind himself to pay for his necessary meat, drink, apparel, physic, and such other , necessaries, and likewise for his good teaching and Instruction, whereby he may profit himself afterwards.
Էջ 698 - ... 1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true; 2. The positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true; 3.
Էջ 349 - We quite agree, that, where a contract is to do a thing which cannot be performed without a violation of the law it is void, whether the parties knew the law or not. But we think, that in order to avoid a contract which can be legally performed', on the ground that there was an intention to perform it in an illegal manner, it is necessary to show that there was the wicked intention to break the law; and, if this be so, the knowledge of what the law is becomes of great importance.
Էջ 656 - But a little reflection will show that in all cases of contracts entered into between parties at a distance by correspondence, it is impossible that both should have a knowledge of it the moment it becomes complete. This can only exist where both parties are present. The position may be illustrated by the case before us.