Principles of Contract: Being a Treatise on the General Principles Concerning the Validity of Agreements in the Law of England, Page 776 |
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Common terms and phrases
acceptance action actual agent agree agreement appears apply assignment authority Bank Beav become benefit bill binding bound common law complete condition consideration considered contract corporation Court covenant creditor dealing debt decision deed defendant doctrine doubt duty effect enforce English equity evidence exception executed existence express extent fact fraud give given ground held intention interest judgment kind L. J. Ch L. J. Ex land liable limited Lord marriage matter means ment mistake nature necessary notice obligation offer opinion original particular parties performance person plaintiff positive practice present principle promise proposal purchaser question reason rule seal seems separate shares statute taken thing third tion transaction treated true trust unlawful valid void
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.