The principle seems to us to be that, in contracts in which the performance depends on the continued existence of a given person or thing, a condition is implied that the impossibility of performance arising from the perishing of the person or thing shall... English Reports Annotated, 1866-1900 - Էջ 1719խմբագրել է - 1866Ամբողջությամբ դիտվող - Այս գրքի մասին
| New York (State). Supreme Court. Appellate Division - 1896 - 768 էջ
...etc., and adds: " The principle seems to us to be that in contracts in which the performance llepends on the continued existence of a given person or thing,...the person or thing shall excuse the performance." And the reason given for the rule is, because from the nature of the contract, it is apparent that... | |
| California. Supreme Court - 1922 - 936 էջ
...Ed. 747, 2 Sup. Ct. Rep. 752] ) : "In Taylor v. Caldwell, 3 Best & S. 826, it is laid down as a rule, that, 'in contracts in which the performance depends...person or thing shall excuse the performance.' The reason given for the rule is, that without 'any express stipulation that the destruction of the person... | |
| Great Britain. Courts - 1905 - 642 էջ
...Blackburn, J. in Taylor v. Caldwell (8 LT Rep. 356, at p. 358 ; 3 B. & S. 82(i, at p. 839), thus : " The principle seems to us to be that, in contracts...the person or thing shall excuse the performance." Here the performance depends on QB Div.] NICKOLL AND KNIGHT v. ASHTON, EDRIDGE, AND Co. [QB Div. the... | |
| Oughton - 2000 - 826 էջ
...himself) excuses the borrower or bailee from the performance of his promise to redeliver the chattel. The principle seems to us to be that, in contracts...the person or thing shall excuse the performance. In none of these cases is the promise in words other than positive, nor is there any express stipulation... | |
| Simon Salzedo, Peter Brunner - 2004 - 304 էջ
...carrying out their obligations under the contract. Per Blackburn J, giving the judgment of the court: The principle seems to us to be that, in contracts...perishing of the person or thing shall excuse the performance...that excuse is by law implied, because from the nature of the contract it is apparent... | |
| R S N Pillai - 1999 - 484 էջ
...the contract is discharged. In the case, Taylor Vs. Caldwell (1863). Blackburn observed as follows: "In contracts in which the performance depends on...the person or thing shall excuse the performance." Examples: (1) Taylor Vs. Caldwell (1863) A music hall was let for a series of concerts on certain days.... | |
| Rhode Island. Supreme Court - 1865 - 676 էջ
...common law, is, that in contracts in which performance depends upon the continued existence of a certain person or thing, a condition is implied, that the...person or thing shall excuse the performance. The implication arises in spite of the unqualified character of the promissory words, because, from the... | |
| MC Shukla - 2010 - 748 էջ
...performancce depends on the continued existence of a given person or thing, a condition is implied that impossibility of performance arising from the perishing of the person or thing shall excuse performance. If the act became impossible subsequently by reason of some event which the promisor could... | |
| |