Modern American Law: General introductionWilliam Charles Wermuth Blackstone Institute, 1921 |
From inside the book
Արդյունքներ 66–ի 1-ից 5-ը:
Էջ 7
... American commonwealths are too much given to legislation already , and the countless vol- umes of useless statutes now burdening the shelves of our law libraries are pointed to with derision as THE CITIZEN AND THE LAW 7.
... American commonwealths are too much given to legislation already , and the countless vol- umes of useless statutes now burdening the shelves of our law libraries are pointed to with derision as THE CITIZEN AND THE LAW 7.
Էջ 13
... the laws preventing the employ- ment of children in life - destroying occupations , the laws regulating the service given to the public by public utility corporations , and many other laws which can THE CITIZEN AND THE LAW 13.
... the laws preventing the employ- ment of children in life - destroying occupations , the laws regulating the service given to the public by public utility corporations , and many other laws which can THE CITIZEN AND THE LAW 13.
Էջ 10
... given primacy . If the state has laid down a rule covering the case at bar , the court has no discretion but to apply the legislatively pro- vided rule . To legislation as a source having this imperative character , Anglo - American law ...
... given primacy . If the state has laid down a rule covering the case at bar , the court has no discretion but to apply the legislatively pro- vided rule . To legislation as a source having this imperative character , Anglo - American law ...
Էջ 17
... given to the current opin- ion of the bar of the jurisdiction itself . As Professor Gray says : " That the bar who practice before a judge would be universally or generally of opinion that a certain decision ought not to be made , al ...
... given to the current opin- ion of the bar of the jurisdiction itself . As Professor Gray says : " That the bar who practice before a judge would be universally or generally of opinion that a certain decision ought not to be made , al ...
Էջ 18
... given to precedent . There is no assump- tion such as prevails in our law that an earlier de- cision is necessarily correct . Hence one tribunal may decide a case in one way today , and tomorrow a second tribunal , or conceivably even ...
... given to precedent . There is no assump- tion such as prevails in our law that an earlier de- cision is necessarily correct . Hence one tribunal may decide a case in one way today , and tomorrow a second tribunal , or conceivably even ...
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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.