A History of English Law, Volum 8Methuen & Company, 1926 |
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Altres edicions - Mostra-ho tot
Frases i termes més freqüents
acceptor action of assumpsit Admiralty S.S. assign bank bankrupt bearer Bensa bill of exchange bottomry Brissaud cause charter cited clause clear commercial common law common law courts conspiracy contract court of Chancery creditor crime criminal custom damage debtor decision defamation defendant discharge doctrine of consideration drawer effect enforce England English law fact held Holt House of Lords Ibid idea indebitatus assumpsit indorsement instruments joint stock company later lawyers Lex Mercatoria liability libel Lord Lord Mansfield malicious Malynes master medieval ment mercantile merchants modern law negligence negotiable negotiable instrument offence owner paid parties payable payee payment period person plaintiff principle promise to pay quasi-contract Raym reason recognized remedy rule Salk says seen Select Pleas servant seventeenth century ship sixteenth century Star Chamber statute tion tort trade usury valid void Welwod words
Passatges populars
Pàgina 58 - 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.
Pàgina 465 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally — ie, according to the usual course of things, from such breach of contract itself...
Pàgina 473 - We think that the true rule of law is that the person who, for his own purposes, brings on his land and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril ; and if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.
Pàgina 66 - ... when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Pàgina 382 - A conspiracy, it is said,f consists not merely in the intention of two or more, but in the agreement of two or more, to do an unlawful act or to do a lawful act by unlawful means.
Pàgina 371 - In actions of libel and slander the plaintiff shall be at liberty to aver that the words or matter complained of were used in a defamatory sense, specifying such defamatory sense without any prefatory averment to show how such words or matter were used in that sense, and such averment shall be put in issue by the denial of the alleged libel or slander ; and where the words or matter set forth, with or without the alleged meaning, show a cause of action, the declaration shall be sufficient.
Pàgina 455 - The law charges this person thus intrusted to carry goods, against all events, but acts of God, and of the enemies of the King. For though the force be never so great, as if an irresistible multitude of people should rob him, nevertheless he is chargeable. And this is a politic establishment, contrived by the policy of the law, for the safety of all persons, the necessity of whose affairs oblige them to trust these sorts of persons, that they may be safe in their ways of dealing...
Pàgina 22 - And it was resolved by the whole court, that payment of a lesser sum on the day in satisfaction of a greater, cannot be any satisfaction for the whole, because it appears to the Judges that by no possibility, a lesser sum can be a satisfaction to the plaintiff for a greater sum.
Pàgina 99 - This kind of equitable action, to recover back money, which ought not in justice to be kept, is very beneficial, and therefore much encouraged. It lies only for money which, ex cequo el bono, the defendant ought to refund...
Pàgina 463 - ... whether the damage was occasioned entirely by the negligence or improper conduct of the defendant, or whether the plaintiff himself so far contributed to the misfortune by his own negligence or want of ordinary and common care and caution, that, but for such negligence or want of ordinary care and caution on his part the misfortune would not have happened.