The Law of Contracts: In a Course of Lectures Delivered at the Law InstitutionW. Benning, 1847 - 386 страница |
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Страница xiii
... entered into by married women be- fore marriage , 217.— Right of action on such contracts during marriage , 218. Where bill of exchange has been given to the wife , dum sola . Contracts entered into by married women during coverture ...
... entered into by married women be- fore marriage , 217.— Right of action on such contracts during marriage , 218. Where bill of exchange has been given to the wife , dum sola . Contracts entered into by married women during coverture ...
Страница 5
... entered into by deed , signature is not an essential . ( See Bacon's Abr . Obligation C. ) ( a ) ( a ) The question whether it is essential that deeds be signed as well as sealed , has been re- cently argued in the Court of Queen's ...
... entered into by deed , signature is not an essential . ( See Bacon's Abr . Obligation C. ) ( a ) ( a ) The question whether it is essential that deeds be signed as well as sealed , has been re- cently argued in the Court of Queen's ...
Страница 17
... entered into a solemn engagement by and " under his hand and seal as to certain facts , he " shall not be permitted to deny any matter he " has so asserted . " ( a ) and clearly that there has been a fraud by some person upon the ...
... entered into a solemn engagement by and " under his hand and seal as to certain facts , he " shall not be permitted to deny any matter he " has so asserted . " ( a ) and clearly that there has been a fraud by some person upon the ...
Страница 19
... entered into between the same parties by a deed . When this happens the simple contract is merged , lost , sunk , as it were , and swallowed . up in that under seal , and becomes totally extin- guished . Suppose , for instance , I give ...
... entered into between the same parties by a deed . When this happens the simple contract is merged , lost , sunk , as it were , and swallowed . up in that under seal , and becomes totally extin- guished . Suppose , for instance , I give ...
Страница 79
... entered into by an infant under the age of twenty - one years , are invalid , as I shall have occasion to explain to you at greater length when I arrive at that part of the subject which relates to the competency of parties to contracts ...
... entered into by an infant under the age of twenty - one years , are invalid , as I shall have occasion to explain to you at greater length when I arrive at that part of the subject which relates to the competency of parties to contracts ...
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Чести термини и фразе
15 Law Journ 9 Geo acceptance agent agreement antè arises assent assignees assumpsit authority bailment bankrupt bill of lading bind Bing bond buyer Camp charge chose in action common law consideration contract by deed Court Court of Exchequer creditor debtor decided defendant delivered delivery distinction doctrine East effect enacts enforced entered estoppel evidence Exchequer executed given guarantee held husband illegal implied infant instance Jones judgment jury lecture liable Lord Lord DENMAN marriage ment mise necessary obligation paid parol partner partnership party payment performed person plaintiff principle promissory note purchase question recover remedy request require rule Saund scire facias seal shareholder shew sideration simple contract Smith sold stamp statute of Anne statute of Frauds sued sufficient suprà Taunt TINDAL C. J. tion tract usury vendee vendor Vict void wife words writing
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Страница 19 - The rule of law is clear, that where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Страница 33 - ... 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, or some other person thereunto by him lawfully authorized.
Страница 320 - Provided always, that nothing herein contained shall alter or take away or lessen the effect of any payment of any principal or interest made by any person whatsoever...
Страница 118 - 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.
Страница 247 - Document of title to goods" includes any bill of lading, dock warrant, warehouse receipt or order for the delivery of goods, or any other document used in the ordinary course of business...
Страница 71 - ... be actually made, procured, or provided, or fit or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery...
Страница 214 - No action shall be brought whereby to charge any person upon any promise made after full age to pay any debt contracted during infancy, or upon any ratification made after full age of any promise or contract made during infancy, whether there shall or shall not be any new consideration for such promise or ratification after full age.
Страница 65 - States provides, among other things, that no action shall be brought to charge any person upon any contract or sale of lands or any interest in or concerning them...
Страница 150 - That every contract made for or about any matter or thing which is prohibited and made unlawful by any statute is a void contract, though the statute itself doth not mention that it shall be so, but only inflicts a penalty on the offender, because a penalty implies a prohibition, though there are no prohibitory words in the statute...
Страница 114 - The first count of the declaration, upon which alone the question arises, stated that, in consideration that the plaintiff, at the request of the defendant, had bought of the defendant a horse for the sum of £30, the defendant promised that it was sound and free from vice.