The Law of ContractsLittle, Brown, 1887 - 679 pàgines |
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Altres edicions - Mostra-ho tot
Frases i termes més freqüents
Accarias acceptance action agent agreed agreement answerable assent assumpsit authority averred bailee bailment binding bound Bracton breach buyer chattel circumstances civil law common law consequently consideration contract of sale court held covenant creditor damages debt debtor decision declaration defendant defendant's delivered delivery doctrine effect enforced entitled evidence executed executory faith fraud fulfilled give given ground guaranty Harris Henry VI implied inference instance intention judgment jurisprudence jury Justinian letter liable mandatary Mass Maynz ment obligation obligatory offer Ohio St paid parol parties payment performance plaintiff prætor principle promise to pay promisor proof purchaser question ratification reason received recover regarded remedy render replevin request requisite right of property Roman law rule sample sell seller sold specific statute statute of frauds stipulated stipulatio subsequent sum certain thing third person tion tract undertaking unilateral contract unless valid vendee vendor warranty Wend writ
Passatges populars
Pàgina 589 - If a day be appointed for payment of money, or part of it, or for doing any other act, and the day is to happen, or may happen, before the thing which is the consideration of the money, or other act...
Pàgina 600 - Where a covenant goes only to part of the consideration on both sides, and a breach of such covenant may be paid for in damages, it is an independent covenant; and an action may be maintained for a breach of the covenant on the part of the defendant, without averring performance in the declaration.
Pàgina 649 - ... in the absence of any express or implied warranty that the thing shall exist, the contract is not to be construed as a positive contract, but as subject to an implied condition that the parties shall be excused in case, before breach, performance becomes impossible from the perishing of the thing without the default of the contractor.
Pàgina 650 - ... that excuse is by law implied, because from the nature of the contract it is apparent that the parties contracted on the basis of the continued existence of the particular person or chattel.
Pàgina 649 - ... where from the nature of the contract it appears that the parties must from the beginning have known that it could not be fulfilled unless when the time for the...
Pàgina 647 - The principle seems to us to be that, in contracts in which the performance depends on the continued existence of a given person or thing, a condition is implied that the impossibility of performance arising from the perishing of the person or thing shall excuse the performance.
Pàgina 339 - Every bidding is nothing more than an offer on one side, which is not binding on either side till it is assented to. But according to what is now contended for, one party would be bound by the offer, and the other not, which can never be allowed.
Pàgina 17 - For this reason, a man cannot grant anything to his wife, or enter into covenant with her : for the grant would be to suppose her separate existence; and to covenant with her, would be only to covenant with himself...
Pàgina 589 - ... happen, or may happen, before the thing which is the consideration of the money, or other act, is to be performed ; an action may be brought for the money, or for not doing such other act before performance, for it appears that the party relied upon his remedy, and did not intend to make the performance a condition precedent. And so it is where no time is fixed for performance of that, which is the consideration of the money or other act.
Pàgina 522 - A warranty is an express or implied statement of something which the party undertakes shall be part of a contract ; and, though part of the contract, yet collateral to the express object of it.