The Irish Law Times and Solicitors' Journal, Հատոր 35

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Common terms and phrases

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Էջ 306 - Where the buyer expressly or by implication makes known to the seller the particular purpose for which the goods are required so as to show that the buyer relies on the seller's skill or judgment and the goods are of a description which it is in the course of the seller's business to supply (whether he be the manufacturer or not) there is an implied condition that the goods shall be reasonably fit for such purpose...
Էջ 156 - But it is out of regard to the interests of justice, which cannot be upholden, and to the administration of justice, which cannot go on without the aid of men skilled in jurisprudence, in the practice of the courts, and in those matters affecting rights and obligations which form the subject of all judicial proceedings.
Էջ 8 - It is often said that the test, or one of the tests, whether a person not ostensibly a partner, is nevertheless, in contemplation of law, a partner, is, whether he is entitled to participate in the profits. This, no doubt, is, in general, a sufficiently accurate test ; for a right to participate in profits affords cogent, often conclusive evidence, that the trade in which the profits have been made, was carried on in part for or on behalf of the person setting up such a claim.
Էջ 70 - ... to sell he will have a right to sell the goods at the time when the property is to pass. 2. An implied warranty that the buyer shall have and enjoy quiet possession of the goods as against any lawful claims existing at the time of the sale.
Էջ 233 - ... a bequest of the personal estate of the testator, or any bequest of personal property described in a general manner, shall be construed to include any personal estate, or any personal estate to which such description shall extend (as the case may be), which he may have power to appoint in any manner he may think proper, and shall operate as an execution of such power, unless a contrary intention shall appear by the will.
Էջ 357 - ... received any property for or on account of any other person, fraudulently converts to his own use or benefit, or the 'Use or benefit of any other person, the property, or any part thereof, or any proceeds thereof, shall be guilty of a misdemeanour...
Էջ 240 - But a person shall not be so disqualified, or be deemed to have any share or interest in such a contract or employment by reason only of his having any share or interest in — (a) Any...
Էջ 355 - JUDGES ought to remember that their office is jus dicere, and not jus dare — to interpret law, and not to make law, or give law...
Էջ 355 - Patience and gravity of hearing is an essential part of justice; and an overspeaking judge is no well-tuned cymbal. It is no grace to a judge first to find that which he might have heard in due time from the bar; or to show quickness of conceit in cutting off evidence or counsel too short, or to prevent information by questions, though pertinent.
Էջ 4 - If the advocate refuses to defend, from what he may think of the charge or of the defence, he assumes the character of the Judge ; nay, he assumes it before the hour of judgment ; and in proportion to his rank and reputation, puts the heavy influence of, perhaps, a mistaken opinion into the scale against the accused, in whose favour the benevolent principle of English law makes all presumptions, and which commands the very Judge to be his Counsel.

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