A Digest of the Law of Contract: Containing the Outlines of the English Law on the Subject, the Outlines of the Roman-Dutch Law, a Collection of Illustrative English and Ceylon Cases, a Summary of the Chief Ceylon Statutes Relating to Contracts, Notes on Some Maxims Relating to Contracts, and Case-notes on the Labour-laws of Ceylon

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H. W. Cave, 1897 - Contracts - 179 pages
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Page 82 - But where the event is of such a character that it cannot reasonably be supposed to have been in the contemplation of the contracting parties when the contract was made, they wtll not be held bound by general words which, though large enough to include, were not used with reference to the possibility of the particular contingency which afterwards happens.
Page 87 - Rights arising out of contract cannot be transferred if they are coupled with liabilities, or if they involve a relation of personal confidence such that the party whose agreement conferred those rights must have intended them to be exercised only by him in whom he actually confided.
Page 41 - All contracts are by the laws of England distinguished into agreements by specialty, and agreements by parol ; nor is there any such third class, as some of the counsel have endeavored to maintain, as contracts in writing. If they be merely written and not specialties, they are parol, and a consideration must be proved.
Page 8 - But if to a proposal or offer an assent be given, subject to a provision as to a contract, then the stipulation as to the contract is a term of the assent, and there is no agreement independent of that stipulation.
Page 64 - Unless the party imposed upon has been deceived as to the person, and thus has given no consent at all, there is no degree of deception which can avail to set aside a contract of marriage knowingly made.
Page 83 - ... 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.
Page 90 - The distinction in point of law is that evidence to vary the terms of an agreement in writing is not admissible, but evidence to show that there is not an agreement at all is admissible.
Page 87 - Crown) at common law so as to enable the assignee to sue in his own name (c). The origin of the rule was attributed by Coke to the " wisdom and policy of the founders of our law...
Page 34 - That case appears to me to decide at all events this, that where there is an act of Parliament creating a corporation for a particular purpose, and giving it powers for that particular purpose, what it does not expressly or impliedly authorize is to be taken to be prohibited...
Page 88 - It is said that, the covenant being one which does not run with the land, this court cannot enforce it; but the question is, not whether the covenant runs with the land, but whether a party shall be permitted to use the land in a manner inconsistent with the contract entered into by his vendor, and with notice of which he purchased.

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