The Law of Contracts, Հատոր 1Baker, Voorhis & Company, 1920 |
From inside the book
Արդյունքներ 100–ի 1-ից 5-ը:
Էջ xviii
... create equitable liens ... 429 Formalities requisite for assignment .. 430 Construction of assignment . . . . 431 Rights of the assignee against the debtor . 432 Notice to the debtor as affecting the assignee's right against him . 433 ...
... create equitable liens ... 429 Formalities requisite for assignment .. 430 Construction of assignment . . . . 431 Rights of the assignee against the debtor . 432 Notice to the debtor as affecting the assignee's right against him . 433 ...
Էջ 4
... create such obligations is that they must be of such a sort as to be capable of enforcement in a contractual action ; while a true contract cannot exist , however desirable it might be to have one , unless there is an expression of ...
... create such obligations is that they must be of such a sort as to be capable of enforcement in a contractual action ; while a true contract cannot exist , however desirable it might be to have one , unless there is an expression of ...
Էջ 5
... create a contractual obligation , 13 subject to some statutory exceptions.14 A cause or motive for the contract 10 See infra , § 1478 et seq . 11 That is , for a simple contract , there must be mutual assent and con- sideration . 12 See ...
... create a contractual obligation , 13 subject to some statutory exceptions.14 A cause or motive for the contract 10 See infra , § 1478 et seq . 11 That is , for a simple contract , there must be mutual assent and con- sideration . 12 See ...
Էջ 10
... create mutual debts . Originally it was also necessary that the quid pro quo should be given to the debtor himself . To give it to a third person even at the debtor's request was insufficient ; but this rule , subsequently , gave way ...
... create mutual debts . Originally it was also necessary that the quid pro quo should be given to the debtor himself . To give it to a third person even at the debtor's request was insufficient ; but this rule , subsequently , gave way ...
Էջ 12
... creates no obligation is a contradic- tion in terms.45 Therefore the term unilateral contract should be reserved for ... created , but only one party to the obligation has 12 § 13 WILLISTON ON CONTRACTS.
... creates no obligation is a contradic- tion in terms.45 Therefore the term unilateral contract should be reserved for ... created , but only one party to the obligation has 12 § 13 WILLISTON ON CONTRACTS.
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Այլ խմբագրություններ - View all
Common terms and phrases
acceptance acceptor action agent agreement assent assumpsit Bank bargain benefit bilateral contract binding bound buyer claim common law Conn court of equity covenant creditor Davis debt decisions deed defendant detriment discharge effect enforced equity executor express fact forbearance infant infra intention Iowa joint debtor Jones Kans liability Lumber Mass ment Minn mutual N. J. Eq N. Y. App N. Y. Misc N. Y. Supp negotiable instrument obligation obligor offer offeree offeror parol evidence rule party payment performance plaintiff principal promise to pay promisor reason received regard requested rule seal seems seller sideration Smith statute Statute of Frauds sufficient consideration supra surety third person tion tract trust undisclosed principal unilateral valid consideration voidable Western Union
Սիրված հատվածներ
Էջ 841 - Every person negotiating an instrument by delivery or by a qualified indorsement, warrants — 1. That the instrument is genuine and in all respects what it purports to be; 2. That he has a good title to it; 3. That all prior" parties had capacity to contract; 4. That he has no knowledge of any fact which would impair the validity of the instrument or render it valueless.
Էջ 137 - But every one has a right to select and determine with whom he will contract, and cannot have another person thrust upon him without his consent. In the familiar phrase of Lord Denman, '• you have the right to the benefit you anticipate from the character, credit, and substance of the party with whom you contract.
Էջ 787 - A check of itself does not operate as an assignment of any part of the funds to the credit of the drawer with the bank, and the bank is not liable to the holder, unless and until it accepts or certifies the check.
Էջ 593 - In respect of any act or transaction of his in carrying on the business connected with such property...
Էջ 885 - But whenever the main purpose and object of the promisor is, not to answer for another, but to subserve some pecuniary or business purpose of his own, involving cither a benefit to himself or damage to the other contracting party, his promise is not within the statute, although it may be in form a promise to pay the debt of another, and although the performance of it may incidentally have the effect of extinguishing that liability.
Էջ 566 - Where a person signs a bill as drawer, indorser, or acceptor, and adds words to his signature, indicating that he signs for or on behalf of a principal, or in a representative character...
Էջ 853 - No action shall be brought whereby to charge any executor or administrator, upon any special promise, to answer damages out of his own estate ; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Էջ 854 - ... except the buyer shall accept parv of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part payment...
Էջ 209 - 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 324 - P. 249, and the conclusion there arrived at seems to be correct in general, "that an express promise can only revive a precedent good consideration, which might have been enforced at law through the medium of an implied promise, had it not been suspended by some positive rule of law; but can give no original cause of action, if the obligation, on which it is founded, never could have been enforced at law, though not barred by any legal maxim or statute provision.