The Law of ContractsT. & J.W. Johnson, 1878 - 580 Seiten |
Häufige Begriffe und Wortgruppen
4th section acceptance action agent agreed agreement assumpsit authority Barb bill bind Bing bond broker choses in action common law Conn considered Court Court of Exchequer covenant creditors custom debt debtor decided deed defendant defendant's delivered delivery effect enactment enforced entered escrow estopped estoppel executed given guarantee held Ibid illegal implied infant instance instrument intended Johns judgment jury L. J. Ch L. J. Ex land lease liable Lord marriage memorandum ment Metc necessary paid parol parol evidence party payment Penn performed plaintiff promise to pay promissory note purchase reason recover request restraint restraint of trade rule seal simple contract Smith sold stat statute of Anne Statute of Frauds sufficient consideration supra tenant testator third person tion tract trade transaction unless usage valid verbal Verm Vict void wager Wend words written contract
Beliebte Passagen
Seite 19 - The objection, that a contract is immoral or illegal as between plaintiff and defendant, sounds at all times very ill in the mouth of the defendant. It is not for his sake, however, that the objection is ever allowed ; but it is founded in general principles of policy, which the defendant has the advantage of, contrary to the real justice, as • VIP.V's representative. between him and the plaintiff, by accident, if I may so say.
Seite 134 - ... 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...
Seite 470 - Acts or this Act, as to One or more of such Joint Contractors, or Executors or Administrators, shall nevertheless be entitled to recover against any other or others of the Defendants, by virtue of a new Acknowledgment or Promise, or otherwise, Judgment may be given and Costs allowed for the Plaintiff as to such Defendant or Defendants against whom he shall recover, and for the other Defendant or Defendants against the Plaintiff.
Seite 249 - 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...
Seite 189 - An express promise, therefore, as it should seem, can only revive a precedent good consideration, which might have been enforced at law, through the medium of an implied promise, had it not been suspended by some positive rule of law, but can give no original right of action, if the obligation on which it is founded never could have been enforced at law, though not barred by any legal maxim or statute provision.
Seite 19 - 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...
Seite 139 - That no action shall be maintained whereby to charge any person upon any promise made, after full age, to pay any debt contracted during infancy, or upon any ratification, after full age...
Seite 231 - Nota, 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
Seite 204 - ... whether the restraint is such only as to afford a fair protection to the interests of the party in favor of whom it is given, and not so large as to interfere with the interests of the public. Whatever restraint is larger than the necessary protection of the party, can be of no benefit to either; it can only be oppressive ; and, if oppressive, it is in the eye of the law unreasonable. Whatever is injurious to the interests of the public, is void on the ground of public policy.
Seite 121 - Lord one thousand six hundred seventy and seven, all leases, estates, interests of freehold, or terms of years, or any uncertain interest of, in, to or out of any messuages, manors, lands, tenements or hereditaments, 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 authorized by writing, shall have the force and effect of leases or estates at will only...