The Law of Contracts, Band 1Little, Brown, 1857 |
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Häufige Begriffe und Wortgruppen
action afterwards agent agreement amount assent assignment assumpsit authority bailee bailment Bank Barb bill bill of lading bind Bing bound chose in action common carrier common law Conn consideration consignee contract court court of equity covenant creditor damages debt debtor deed defendant defendant's delivered delivery discharge entitled equity Exch execution executor fact fendant firm fraud given Greenl guaranty Hamp held hire horse husband implied indorser infant injury interest Johns joint jury liable lien Lord Lord Ellenborough marriage Mass master ment necessary negligence notice obligation opinion owner paid partner partnership party payable payment Penn person Pick plaintiff pledge possession principal promissory note purchaser question reason received recover rule seems sell seller servant ship slave Smith sold statute statute of frauds Strob sufficient surety Taunt thing tion unless vendee vendor Verm void warranty Wend wife
Beliebte Passagen
Seite 5 - Implied, are such as reason and justice dictate, and which, therefore, the law presumes that every man undertakes to perform.
Seite 365 - 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 10 - B. I am of the same opinion. It seems to me that the question turns entirely upon the...
Seite 261 - After non-assumpsit pleaded, and a verdict for the plaintiff, it was moved in arrest of judgment that the plaintiff could not bring his action, for he was a stranger to the consideration.
Seite 310 - ... which they may acquire during the marriage, either by donations made jointly to them both, or by purchase, or in any other similar way, even although the purchase be only in the name of one of the two and not of both, because in that case the period of time when the purchase is made is alone attended to, and not the, person who made the purchase.
Seite 10 - But the authorities go much further, and show that in some cases where an act which, if unauthorised, would amount to a trespass, has been done in the name and on behalf of another, but without previous authority, the subsequent ratification may enable the party on whose behalf the act was done, to take advantage of it and to treat it as having been done by his direction. But this doctrine must be taken with the qualification, that the act of ratification must take place at a time, and under circumstances,...
Seite 584 - The fifth sort is, when goods or chattels are delivered to be carried, or something is to be done about them for a reward to be paid by the person who delivers them to the bailee, who is to do the thing about them.
Seite 413 - ... the defendants were not bound by their offer when accepted by the plaintiffs till the answer was received, then the plaintiffs ought not to be bound till after they had received the notification that the defendants had received their answer and assented to it; and so it might go on ad infinitum.
Seite 601 - I said I could see no difference between negligence and gross negligence — that it was the same thing, with the addition of a vituperative epithet...
Seite 198 - Case was the great wisdom and policy of the sages and founders of our law, who have provided that no possibility, right, title, nor thing in action shall be granted or assigned to strangers, for that would be the occasion of multiplying of contentions and suits, of great oppression of the people, and chiefly of terre-tenants, and the subversion of the due and equal execution of justice...