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Books Books 41 - 50 of 50 on But when the word jus is used in the sense of denoting a private right, that maxim....  
" But when the word jus is used in the sense of denoting a private right, that maxim Has no application. Private right of ownership is a matter of fact ; it may be the result also of matter of law, but if parties contract under a mutual mistake and misapprehension... "
Massachusetts Reports - Page 317
by Massachusetts. Supreme Judicial Court - 1905
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Corpus Juris: Being a Complete and Systematic Statement of the ..., Volume 21

William Mack, William Benjamin Hale - Law - 1920
...owî'orship is a matter of fact; it may he the result also of matter c_f law; but if parties contract xinder a mutual mistake and misapprehension as to their relative...result is. that that agreement is liable to be set asirle as having proceeded upon a common mistake." Cooper v. Phibbs, LR 2 HL 149, 170. 22 ERC 149....
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The Law Times Reports: Containing All the Cases Argued and ..., Volume 44

Law reports, digests, etc - 1881
...such a mistake." In Cooper v. Phibbt (L. Rep. 2 H. of L. 149; 16 LT Kep. NS 678) Lord Westbury says: " Private right of ownership is a matter of fact, it may be also the result of matter of law, but if parties contract under a mutual mistake as to their relative...
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The Victorian Law Reports, Volume 27

Victoria. Supreme Court - Law reports, digests, etc - 1902
...At p. 191 the learned Judge goes on to say : — " In Cooper v. Phibba (i) Lord Westbury says — ' Private right of ownership is a matter of fact ; it may be also the result of matter of law ; but if parties contract under a mutual mistake as to their relative...
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Minnesota Reports: Cases Argued and Determined in the Supreme ..., Volume 109

Minnesota. Supreme Court - Law reports, digests, etc - 1910
...to cases of this character. The maxim, "Ignorantia juris haud excusat," has no application where the parties contract under a mutual mistake and misapprehension as to their relative and respective rights. See, also, Earl Beauchamp v. Winn, 6 LR Eng. & Irish App. Cas. 223 (1873). In Jones v. Clifford, 3...
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The Irish Law Times and Solicitors' Journal, Volume 6

Law - 1872
...country. But when the word jus is used in the sense of denoting a private law the maxim has no application Private right of ownership is a matter of fact — it may be the rtsult also of law ; but if parties con tract under a mutual mistake and misapprehension as to their...
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Irrtum und Zweckverfehlung: die Rolle der unjust-Gründe bei rechtsgrundlosen ...

Sonja Meier - Conflict of laws - 1999 - 436 pages
...when the wordy'ws is used in the sense of denoting a private right, that maxim has no application. Private right of ownership is a matter of fact; it may be the result also of a matter of law; but if parties contract under a mutual mistake and misapprehension as to their relative...
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System der Irrtumslehre als Methodenfrage der Rechtsvergleichung..

Dietrich Rothoeft - Contracts - 1968 - 339 pages
...when the word ius is used in the sense of denoting a private right, that maxim has no application. Private right of ownership is a matter of fact; it...relative and respective rights, the result is that the agreement is liable to be set aside as having proceeded upon a common mistake." 20 Vgl. Sharp Brothers...
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Reports of Cases in the Supreme Court of Appeals of Virginia, Volume 108

Virginia. Supreme Court of Appeals, Benjamin Watkins Leigh, Conway Robinson, Peachy Ridgway Grattan, James Muscoe Matthews, George W. Hansbrough, Martin Parks Burks - Law reports, digests, etc - 1909
...ownership of the northerly lot." The court adopts the language of Lord Westbury already quoted, that ''Private right of ownership is a matter of fact. It may be the result also of matter of law; but if the parties contract under a mutual mistake and misapprehension as to their relative and respective...
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Sourcebook on Contract Law

Oughton - Law - 2000 - 765 pages
...and B appears to have had no title at all. To such a case, Lord Westbury applied the principle that if parties contract under a mutual mistake and misapprehension...relative and respective rights the result is that the agreement is liable to be set aside as having proceeded upon a common mistake. Applied to the context,...
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Briefcase on Contract Law

Taylor & Francis Group - Contracts - 1999 - 275 pages
...Act of Parliament. Held the agreement would be set aside on terms set by the court. Per Lord Westbury 'Private right of ownership is a matter of fact; it may be the result also of a matter of law; but, if parties contract under a mutual mistake and misapprehension as to their relative...
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