Principles of Contract: Being a Treatise on the General Principles Concerning the Validity of Agreements in the Law of England, Page 776

Front Cover
Stevens and Sons, 1885 - Contracts - 744 pages
 

What people are saying - Write a review

We haven't found any reviews in the usual places.

Contents

Aguilar 1820 5 Madd 414
lv
Armstrong 1834 3 My K 45 2
lxi
84
lxii
619
lxiv
Hogan 1844 Drew 310
lxix
621
lxx
57
lxxi
Stokes 1872 L R 7 Q B 598 41 L J Q B
lxxiv
280
lxxviii
513
lxxx
British Linen Co v Drummond 1830 10 B C 903 603
lxxxi
214
lxxxiii
Undue influence without fiduciary relation
lxxxvi
283
lxxxviii
Note H Occupations dealings c regulated or restrained
lxxxix
AGREEMENT PROPOSAL AND ACCEPTANCE
1
Peculiar rules of construction in equity
2
Void agreements
7
Difficulties considered
23
Metropolitan Ry Co 1877 2 App Ca 666 31
31
Contracts by correspondence
33
Agreements in terms where consent not final
44
Variations in personal capacity
50
Statutory exceptions
83
Moorhouse 1882 9 Q B Div 366 47 L T 404
85
Contract for benefit of third person gives him no right of action
91
Lunatics and Drunken Persons Undisputed points
94
Authorities in equity
97
291
102
CHAPTER III
132
Introduction of assumpsit to supply remedy on executory agree
144
Contracts necessary and incidental
150
Assignment of contracts
206
83
218
23
227
34
257
B Agreements contrary to morals or good manners
260
Appointments of officers
265
Publication of immoral or seditious works is not merely immoral
269
Egerton v Brownlow
278
Sale of offices
287
Maintenance and champerty
295
CHAPTER IV
298
Maintenance in general
302
Agreements to influence testators
309
Allen 1842 2 Dr W 307 1 L L 427
310
What agreements in partial restraint are valid and
316
Unlawful ulterior intention
322
Dealings between creditor and principal debtor to prejudice
325
Extrinsic evidence of illegality
328
Impossibility at date of contract from existing state of things
334
CHAPTER VIII
390
Except in certain special cases and except so far as in the case
398
Special cases where mistake important
404
CONSIDERATION
405
Mistake as excluding true consent
411
Distinction as to contracts of lunatic
420
Agency
426
Contracts to take shares exceptional
436
Purchase of ones own property
444
Error as to sample in case of sale by sample
450
Peculiar defences and remedies derived from equity
467
The legal effect of representations
481
Representations amounting to Warranty or Condition
487
Suretyship
493
The conception peculiar to English
500
General duty of vendor to describe property correctly
502
Fraud generally but not always includes misrepresentation s
511
304
513
General rules of responsibility for false representation
517
CHAPTER V
518
Not of mere matter of opinion
523
Representation must be by a party to the contract
532
Right exerciseable by and against representatives
540
Repudiation of shares
546
Bromley v Smith 1839 26 Beay 644 7 W R 557 588
557
405
564
312
581
CHAPTER XII
597
49
603
PERSONS AFFECTED BY CONTRACT
615
Statutes regulating professions
621
APPENDIX
635
History of the equitable doctrine of separate estate
646
151
649
Authorities on limits of corporate powers
653
Note E Foreign laws prescribing forms of contract
671
100
674
Note G Early authorities on assignment of choses in action
679
Jupe 1877 2 C P D 375 46 L J C P 824
684
Indian Contract Act on unlawful agreements
686
Indian Contract Act on fraud
700
Parties must be certain
707
Cancellation of instruments
711
Third persons not bound
715
Dealings by agent executor c against his duty
721
Marriages within prohibited degrees
728
Election to adopt agreement
730
547
736
Rules of construction common to law and equity
741
257
744

Other editions - View all

Common terms and phrases

Popular passages

Page 154 - ... or upon any agreement that is not to be performed within the space of one year from the making thereof, 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...
Page 598 - ... or to charge any person upon any agreement made upon consideration of marriage ; or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them ; or upon any agreement that is not to be performed within the space of one year from the making thereof...
Page 56 - 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 361 - ... 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 326 - If, from the plaintiff's own stating or otherwise, the cause of action appears to arise ex turpi causa, or the transgression of a positive law of this country, there the court says he has no right to be assisted. It is upon that ground the court goes ; not for the sake of the defendant, but because they will not lend their aid to such a plaintiff.
Page 161 - A valuable consideration in the sense of the law may consist either in some right, interest, profit, or benefit accruing to the one party, or some forbearance, detriment, loss, or responsibility given, suffered or undertaken by the other.
Page 553 - Wherever two persons stand in such a relation that, while it continues, confidence is necessarily reposed by one, and the influence which naturally grows out of that confidence is possessed by the other, and this confidence is abused, or the influence is exerted to obtain an advantage at the expense of the confiding party, the person so availing himself of his position will not be permitted to retain the advantage, although the transaction could not have been impeached if no such confidential relation...
Page 695 - ... 1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true; 2.
Page 453 - ... 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.
Page 504 - ... not specifying the same shall be deemed fraudulent on the part of the promoters, directors, and officers of the company knowingly issuing the same, as regards any person taking shares in the company on the faith of such prospectus, unless he shall have had notice of such contract.

Bibliographic information