A Treatise on the Law of Contracts and Rights and Liabilities Ex Contractu, Volumes 1-2
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Common terms and phrases
acceptance action actual agent agreed agreement amount appears authority bargain bill Bing bound brought carried carrier charge chattels claim common complete condition consequently consideration contract court covenant creditor debt deed defendant delivered delivery demised deposit East effect entered entitled evidence execution express fraud give given grant hands held hiring hold implied intention interest land latter lease lessee lessor liability Lord loss Moore mortgage notice owner paid particular party pass payment performance person plaintiff pledge possession present promise purchaser reasonable received recover refused rent respect responsible seal sell servant shares ship Smith sold statute sufficient taken Taunt tenant term thereof thing trade transfer undertaking unless vendor vessel void warrant writing written
Page 42 - ... 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 by him lawfully authorized.
Page 433 - ... 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.
Page 173 - 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 475 - Thou shalt not lend upon usury to thy brother; usury of money, usury of victuals, usury of any thing that is lent upon usury : unto a stranger thou mayest lend upon usury ; but unto thy brother thou shalt not lend upon usury...
Page 99 - That every contract made for or about any matter or thing which is prohibited and made unlawful by any statute is a void contract, though the statute itself doth not mention that it shall be so, but only inflicts a penalty on the offender, because a penalty implies a prohibition, though there are no prohibitory words in the statute...
Page 39 - ... be actually made, procured, or provided, or fit or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery...
Page 193 - That no appointment made by will, in exercise of any power, shall be valid, unless the same be executed in manner herein-before required; and every will executed in manner hereinbefore required shall, so far as respects the execution and attestation thereof, be a valid execution of a power of appointment by will, notwithstanding it shall have been expressly required that a will made in exercise of such power should be executed with some additional or other form of execution or solemnity.
Page 115 - Viet. c. 109, s. 18, it is enacted, that all contracts or agreements, whether by parol or in writing, by way of gaming or wagering, shall be null and void ; and that no suit shall be brought or maintained in any court of law or equity for recovering any sum of money or valuable thing alleged to be won upon any wager, or which shall have been deposited in the hands of any person to abide the event on which any wager shall have been made...
Page 34 - That all leases, estates, interests of freehold, or terms of years, or any uncertain interest, of, in, to or out of any messuages, manors, &c. made or created by livery and seisin only, or by parol, and not put in writing, and signed by the parties so making or creating the same, or their agents thereunto lawfully authorised by writing, shall have the force and effect of leases or estates at will only...
Page 301 - A case of constructive possession is where the carrier enters, expressly or by implication, into a new agreement distinct from the original contract for carriage, to hold the goods for the consignee as his agent ; not for the purpose of expediting them to the place of original destination pursuant to that contract, but in a new character, for the purpose of custody on his account, and subject to some new or further order to be given to him.