Forensic Facts and Fallacies: A Popular Consideration of Some Legal Points and Principles

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Macmillan, 1885 - Law - 276 pages

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Page 81 - For Mr. Whistler's own sake, no less than for the protection of the purchaser, Sir Coutts Lindsay ought not to have admitted works into the gallery in which the ill-educated conceit of the artist so nearly approached the aspect of wilful imposture. I have seen, and heard, much of Cockney impudence before now ; but never expected to hear a coxcomb ask two hundred guineas for flinging a pot of paint in the public's face.
Page 21 - 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 their contracts, when entered into freely and voluntarily, shall be held sacred, and shall be enforced by courts of justice.
Page 144 - ... lunatic in every madhouse, and its dead in every churchyard ; which has its ruined suitor, with his slipshod heels and threadbare dress, borrowing and begging through the round of every man's acquaintance; which gives to...
Page 31 - And we do not see how a better test can be applied to the question, whether reasonable or not, than by considering whether the restraint is such only as to afford a fair protection to the interests of the party in favour of whom it is given, and not so large as to interfere with the interests of the public.
Page 204 - Signed, sealed, published, and declared by said testator, , as and for his last will and testament, in the presence of us, who, at his request, in his presence, and in the presence of each other, have hereunto subscribed our names as witnesses this day of , 18—.
Page 105 - A person who deals in a particular market must be taken to deal according to the...
Page 36 - ... the burden of proving that the transaction was fairly conducted as if between strangers; that the weaker was not unduly impressed by the natural influence of the stronger, or the inexperienced overreached by him of more mature intelligence.
Page 37 - ... description is that, wherever there exists such a confidence, of whatever character that confidence may be, as enables the person in whom confidence or trust is reposed to exert influence over the person trusting him the Court will not allow any transaction between the parties to stand unless there has been the fullest and fairest explanation and communication of every particular resting in the breast of the one who seeks to establish a contract with the person so trusting him...
Page 188 - Testators who make their own Will. You had better pay toll when you take to the road, Than attempt by a byway to reach your abode ; You had better employ a Conveyancer's hand, Than encounter the risk that your Will shouldn't stand. From the broad beaten track when the...
Page 188 - You had better pay toll when you take to the road, Than attempt by a by-way to reach your abode; You had better employ a conveyancer's hand Than encounter the risk that your will shouldn't stand. From the broad beaten track when the traveler strays, He may land in a bog or be lost in a maze; And the law, when defied, will avenge itself still On the man and the woman who make their own will.

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