Principles of Contract at Law and in Equity: Being a Treatise on the General Principles Concerning the Validity of Agreements, with a Special View to the Comparison of Law and Equity, and with References to the Indian Contract Act, and Occasionally to Roman, American, and Continental Law
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acceptance Act of Parliament action agent agree agreement apply assent assignment authority Beav bill binding bound champerty common law Companies Act 1862 condition consent consideration corporation courts of equity covenant creditor debt debtor decision deed defendant distinction doctrine duty effect enforce England English law evidence executed existence express expressly fact fraud full age given ground held House of Lords husband illegal impossible Indian Contract Act infant instrument intention interest judgment L. J. Ex law merchant liable Lord marriage married matter ment mistake modern nature necessary negotiable instruments obligation particular parties partnership payment plaintiff principle promise proposal purchaser purpose quasi-contract question reason recover revocation Roman law rule Savigny seal seems separate estate shareholders shares statute Statute of Frauds sued supra thing tion tract transaction treated unlawful valid vendor Vict void voidable
Page 301 - No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act.
Page 254 - It must not be forgotten that you are not to extend arbitrarily those rules which say that a given contract is void as being against public policy, because if there is one thing which more than another public policy requires it is that men of full age and competent understanding shall have the utmost liberty of contracting, and that contracts when entered into freely and voluntarily shall be held sacred and shall be enforced by courts of justice.
Page 39 - 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.
Page 550 - Car. 2. c. 3. § 4., enacts, that " no action shall be brought whereby to charge any executor or administrator, upon any special promise, to answer damages out of his own estate...
Page 334 - ... of the contract arrived some particular specified thing continued to exist, so that, when entering into the contract, they must have contemplated such continuing existence as the foundation of what was to be done...
Page 12 - The defendants must be considered in law as making, during every instant of the time their letter was travelling, the same identical offer to the plaintiffs, and then the contract is completed by the acceptance of it by the latter.
Page 542 - Constructive fraud consists: 1. In any breach of duty which, without an actually fraudulent intent, gains an advantage to the person in fault, or any one claiming under him, by misleading another to his prejudice, or to the prejudice of any one claiming under him; or, 2. In any such act or omission as the law specially declares to be fraudulent, without respect to actual fraud.
Page 452 - ... where the misdescription, although not proceeding from fraud, is in a material and substantial point, so far affecting the subjectmatter of the contract, that it may reasonably be supposed, that, but for such misdescription, the purchaser might never have entered into the contract at all, in such case the contract is avoided altogether, and the purchaser is not bound to resort to the clause of compensation.
Page 410 - ... but only to prevent the defendant from using the written document in a manner inconsistent with the real agreement, there was no difficulty raised by the Statute of Frauds, " which does not make any signed instrument a valid contract by reason of the signature, if it is not such according to the good faith and real intention of the parties.