A Treatise on the Rescission of Contracts and Cancellation of Written Instruments, Том 1Vernon law book Company, 1916 - 1779 страница |
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Страница 4
... given under it , and , in ef- fect , a mutual release of further obligations . As to the manner in which rescission is effected , a right to take this action may be reserved to either or both of the parties in the contract itself , and ...
... given under it , and , in ef- fect , a mutual release of further obligations . As to the manner in which rescission is effected , a right to take this action may be reserved to either or both of the parties in the contract itself , and ...
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... given under it , and offering to do the like by you . " In the latter case , he may be regarded as saying : " I refuse to proceed with the contract . I will restore nothing , and will take my chance of your compelling me , by suit , to ...
... given under it , and offering to do the like by you . " In the latter case , he may be regarded as saying : " I refuse to proceed with the contract . I will restore nothing , and will take my chance of your compelling me , by suit , to ...
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... given by mistake , or obtained through du- ress , menace , fraud , or undue influence , exercised by or with the connivance of the party as to whom he rescinds , or of any other party to the contract jointly interested with such party ...
... given by mistake , or obtained through du- ress , menace , fraud , or undue influence , exercised by or with the connivance of the party as to whom he rescinds , or of any other party to the contract jointly interested with such party ...
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... given the earnest , by for- feiting it , and he who has received it , by returning the double . " " 109 Rescission of a contract may also be effected under the civil law ( in force in Louisiana ) by the operation of a " resolutory ...
... given the earnest , by for- feiting it , and he who has received it , by returning the double . " " 109 Rescission of a contract may also be effected under the civil law ( in force in Louisiana ) by the operation of a " resolutory ...
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... given , pro- vided he acts with due promptness upon discovering the cheat , and his action is maintainable on either of the three grounds of fraud , mistake , or want of consideration . " The 54 Haskins v . Ryan , 75 N. J. Eq . 330 , 78 ...
... given , pro- vided he acts with due promptness upon discovering the cheat , and his action is maintainable on either of the three grounds of fraud , mistake , or want of consideration . " The 54 Haskins v . Ryan , 75 N. J. Eq . 330 , 78 ...
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Чести термини и фразе
action of deceit agent alleged artifice assertion Bank buyer cancellation caveat emptor Code Cal Code Mont Colo confidential relation constructive fraud contract conveyance corporation court of equity damages deed defendant defrauded duty entitled executed existing false representations falsity fiduciary fraudulent representations grantee grantor ground held induced injury insolvency instrument Iowa justify knowledge land Law Rep liable Lumber Mass material fact matter ment Mercantile Trust Co Minn Misc misrepresentation mistake mistake of law N. J. Eq N. J. Law N. Y. Supp obtained party plaintiff practised principal purchaser quitclaim deed reason relief rescind rescission rule Security Mut seller sentations signing Smith sold South Super Tenn third person tion tract transaction trust truth vendor voidable warrant Wash
Популарни одломци
Страница 24 - Mistake of fact is a mistake, not caused by the neglect of a legal duty on the part of the person making the mistake, and consisting in (1) an unconscious ignorance or forgetfulness of a fact, past or present, material to the contract; or (2) belief in the present existence of a thing material to the contract, which does not exist, or in the past existence of such a thing, which has not existed.
Страница 24 - ... 1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true; 2. The positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true; 3.
Страница 230 - There must be a misstatement of an existing fact, but the state of a man's mind is as much a fact as the state of his digestion.
Страница 545 - ... there must be some actual or threatened exercise of power possessed, or believed to be possessed, by the party exacting or receiving the payment over the person or property of another, from which the latter has no other means of immediate relief than by making the payment.
Страница 374 - Ignorantia juris haud excusat; but in that maxim the word 'jus' is used in the sense of denoting general law, the ordinary law of the country. But when the word 'jus' is used in the sense of denoting a private right, that maxim has no application. Private right of ownership is a matter of fact ; it may be the result also of matter of law; but if parties contract under a mutual mistake and misapprehension as to their relative and respective rights, the result is, that that agreement is liable to be...
Страница 712 - A contract ultra vires being unlawful and void not because it is in itself immoral, but because the corporation, by the law of its creation, is incapable of making it, the courts, while refusing to maintain any action upon the unlawful contract, have always striven to do justice between the parties, so far as could be done consistently with adherence to law, by permitting property or money, parted with on the faith of the unlawful contract, to be recovered back, or compensation to be made for it.
Страница 26 - Rescission, when not effected by consent, can be accomplished only by the use, on the part of the party rescinding, of reasonable diligence to comply with the following rules: (1) he must rescind promptly, upon discovering the facts which entitle him to rescind...
Страница 480 - ... where from the nature of the contract it appears that the parties must from the beginning have known...
Страница 670 - A minor cannot disaffirm a contract, otherwise valid, to pay the reasonable value of things necessary for his support, or that of his family, entered into by him when not under the care of a parent or guardian able to provide for him or them;217 provided, that these things have been actually furnished to him or to his family.218 § 37.
Страница 433 - No principle of the common law has been better established, or more often affirmed, both In this country and In England, than that In sales of personal property, in the absence of express warranty, where the buyer has an opportunity to Inspect the commodity, and the seller Is guilty of no fraud, and is neither the manufacturer nor grower of the article he sells, the maxim of caveat emptor applies.