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 xi
... Obligation . 164. Depreciation in Value of Consideration . 165. Forged and Counterfeit Documents and Stolen Goods . 166. Want of Value No Ground for Rescission Where Considera- tion is Delivered as Stipulated . 167. Chancing Bargains ...
... Obligation . 164. Depreciation in Value of Consideration . 165. Forged and Counterfeit Documents and Stolen Goods . 166. Want of Value No Ground for Rescission Where Considera- tion is Delivered as Stipulated . 167. Chancing Bargains ...
Страница 3
... obligation to each other in respect to the sub- ject of the contract , but to annul the contract and restore the ... obligation " of a con- tract is the union of the parties with respect to its mutual terms and conditions , as if they ...
... obligation to each other in respect to the sub- ject of the contract , but to annul the contract and restore the ... obligation " of a con- tract is the union of the parties with respect to its mutual terms and conditions , as if they ...
Страница 7
... obligation creat- ed.10 § 4. Voidability as an Element of the Right of Rescis- sion . - Rescission is often spoken of as the undoing of a " voidable " contract . But this is not strictly correct . For it must not be forgotten that the ...
... obligation creat- ed.10 § 4. Voidability as an Element of the Right of Rescis- sion . - Rescission is often spoken of as the undoing of a " voidable " contract . But this is not strictly correct . For it must not be forgotten that the ...
Страница 10
... obligation under it , as if it had never been made , there is a mode of abandon- ing a contract , as a live and enforceable obligation , which still entitles the party declaring its abandonment to look to the contract to determine the ...
... obligation under it , as if it had never been made , there is a mode of abandon- ing a contract , as a live and enforceable obligation , which still entitles the party declaring its abandonment to look to the contract to determine the ...
Страница 21
... obligation will not be set aside or rescinded merely because the gran- tor or contractor has changed his mind about it , or be- cause it was his own inexcusable folly and negligence which led him into it , 87 or because ( no concealment ...
... obligation will not be set aside or rescinded merely because the gran- tor or contractor has changed his mind about it , or be- cause it was his own inexcusable folly and negligence which led him into it , 87 or because ( no concealment ...
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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.