Modern American Law: General introductionWilliam Charles Wermuth Blackstone Institute, 1921 |
From inside the book
Արդյունքներ 97–ի 1-ից 5-ը:
Էջ xix
... AND CONSTRUCTION . 146. What is meant by interpretation and construction of contract 147. Rules of evidence .. 148. Same subject - Proof of the document . 159 159 162 SECTION PART III - PAGE 149. Same subject - Fact CONTENTS xix.
... AND CONSTRUCTION . 146. What is meant by interpretation and construction of contract 147. Rules of evidence .. 148. Same subject - Proof of the document . 159 159 162 SECTION PART III - PAGE 149. Same subject - Fact CONTENTS xix.
Էջ xx
... fact .. 176 160. Conditions implied in law .. 177 161. Performance of express and implied conditions .... 178 162. Precedent conditions 178 163. Conditions concurrent 179 164. Conditions subsequent 180 165. Pleading and proof ... 182 ...
... fact .. 176 160. Conditions implied in law .. 177 161. Performance of express and implied conditions .... 178 162. Precedent conditions 178 163. Conditions concurrent 179 164. Conditions subsequent 180 165. Pleading and proof ... 182 ...
Էջ 8
... fact . There is too much truth in the gibe to allow its being turned aside without notice . We have had and are still having too much hasty and ill - digested legislation . It is natural that it should be so . New states , filled with ...
... fact . There is too much truth in the gibe to allow its being turned aside without notice . We have had and are still having too much hasty and ill - digested legislation . It is natural that it should be so . New states , filled with ...
Էջ 8
... facts of the particular case . But in these cases such uniformity of decision as is desirable may be expected to result from the training of the judiciary in legal reasoning and the application of legal rules , and from the influence of ...
... facts of the particular case . But in these cases such uniformity of decision as is desirable may be expected to result from the training of the judiciary in legal reasoning and the application of legal rules , and from the influence of ...
Էջ 12
... learned , or in the fact that it is right ; it is a judicial precedent not because it ought to have been made but because it 12 LAW - ORIGIN AND DEVELOPMENT SECTION PART II-PAGE 8 Judicial precedent-The following of precedent 12.
... learned , or in the fact that it is right ; it is a judicial precedent not because it ought to have been made but because it 12 LAW - ORIGIN AND DEVELOPMENT SECTION PART II-PAGE 8 Judicial precedent-The following of precedent 12.
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Common terms and phrases
A's offer action administration of justice agreed agreement Anson apply arise assent assumpsit avoid the contract binding bound breach chancellor chancery civil law common law consideration constitute Contracts Huffcut's 2d court of chancery court of equity courts of common debt decision defendant doctrine duty effect enforced England English law executory exist fact forbearance fraud Harvard Law Review Huffcut's 2d ed implied intention interests judges judicial jurisdiction jury king King's Court land law merchant lawyers LEADING ILLUSTRATIVE legal system legislation letter of acceptance liability Mass ment mistake moral obligation offer to sell offeree opinion Parliament party performance person plaintiff precedent principles procedure promise to pay promisor QUASI-CONTRACTS ratio decidendi reasonable regard remedy reports representation revocation revoked royal rule seal simple contract source of law statement Statute Statute of Frauds subject matter tion tract tribunals unilateral contract writ writing
Սիրված հատվածներ
Էջ 67 - To no one will we sell, to no one will we refuse or delay, right or justice.
Էջ 89 - ... 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; 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...
Էջ 67 - No freeman shall be arrested or detained in prison, or deprived of his freehold, or outlawed, or banished, or in any way molested, and we will not set forth against him, nor send against him, unless by the lawful judgment of his peers and by the law of the land.
Էջ 99 - ... no contract for the sale of any goods, wares, and merchandises, for the price of ten pounds sterling or upwards shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part...
Էջ 89 - June (1) no action shall be brought whereby to charge any executor or administrator upon any special promise, to answer damages out of his own estate; (2) or whereby to charge the defendant upon any special promise to answer for the debt, default or miscarriage of another person...
Էջ 34 - If, whatever a man's real intention may be, he so conducts himself that a reasonable man would believe that he was ^assenting to the terms proposed by the other party, and that other party upon that belief enters into the contract with him, the man thus conducting himself would be equally bound as if he had intended to agree to the other party's terms:" per Blackburn, J., in Smith v.
Էջ 109 - That the common law of England, all statutes or acts of parliament made in aid of the common law prior to the fourth year of the reign of King James the First, and which are of a general nature, not local to that kingdom...
Էջ 208 - But where the event is of such a character that it cannot reasonably be supposed to have been in the contemplation of the contracting parties when the contract was made, they will not be held bound by general words which, though large enough to include, were not used with reference to the possibility of the particular contingency which afterwards happens.
Էջ 207 - ... 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.