Principles of Contract: Being a Treatise on the General Principles Concerning the Validity of Agreements in the Law of England

Front Cover
Stevens, 1885 - Contracts - 744 pages
 

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Contents

Legorton 1861 2 D F J 606 8 W E 678 548
lxxv
British Linen Co v Drummond 1830 10 B C 903 603
lxxxi
Stokes 1872 L E 7 Q B 598 41 L J Q
lxxxiv
Definitions of agreement c
2
Arrowsmith Ex parte 1878 8 Ch Div 90 47 L J
4
Ways of declaring consent
6
Discussion of cases
14
Other kinds of general proposal
20
Communication of revocation
26
Metropolitan Ey Co 1877 2 App Ca 666 31
31
Contracts by correspondence
33
Agreements in terms where consent not final
41
Promises by deed may bind without acceptance
48
Capacity of Pabties
49
Allen 1842 2 Dr W 307 1 L L 427 fr
55
Arundels Case 1616 Hob 64 113
64
Statutory exceptions 199
83
Lunatics and Drunken Persons Undisputed points
87
Contract for benefit of third person gives him no right of action
91
Extension of capacity
95
explanations of this
128
Formal and informal contracts in Roman law
135
Action of account
141
Modern exceptions to requirement of seal
148
Sale of goods
161
CHAPTER IV
167
Promises to perform duties already existing
176
Compromises
182
Parties must be certain
190
Authorities in equity
202
Notice to debtor
209
But agreement of parties cannot make contract negotiable
216
Transferable shares
222
CHAPTER VI
232
Fraud on creditors
238
Dealings by agent executor c against his duty
244
Royal Marriage Act
250
When agreements may be not void though forbidden or void
257
B Agreements contrary to morals or good manners
260
Agreement for future separation void
268
Public policy as to external relations of the State
277
Effect of war on subsisting contracts
283
extent of their validity
291
Purchase of subjectmatter of suit
298
Public policy as to duties of individuals
304
Agreements in restraint of trade
310
Agreements impossible in law
358
Exceptions in cases of events not contemplated by the contract
366
Couturier v Hastie
371
Limits of rule as to personal services
378
Conditional contracts
384
CHAPTER VIII
390
Except in certain special cases and except so far as in the case
398
Special cases where mistake important
404
Mistake as excluding true consent
411
Distinction as to contracts of lunatic c
418
Personal contracts not transferable
425
Contracts to take shares exceptional
432
Even if error of one party known to but not caused by the other
438
Recovering back money paid 409
444
Remedies of party to void agreement
450
Peculiar rules of construction in equity
460
Peculiar defences and remedies derived from equity
467
CHAPTER IX
479
Maddison
485
Fire Insurance
491
General duty of vendor to describe property correctly
502
Fraud generally bat not always includes misrepresentation 611
515
General rules as to rescission for misrepresentation or fraud
521
Effect of party misled having means of knowledge 625
527
Duress and Undue Influence
553
Bromley f Smith 1859 26 Beav 644 7 W E 557 588
557
Jupe 1877 2 C P D 375 46 L J C P 824
584
A Statute of Frauds s 4
604
Distinction of equitable estoppel
615
No remedy at
626
Representations of agents and liability of principals
630
APPENDIX
635
Election how to bo made 536
640
Note A Terminology and fundamental conceptions of contract
646
Special duty of shareholders in companies
650
Authorities on limits of corporate powers
653
Cancellation of instruments
662
Relations analogous to parent and child
669
Note E Foreign laws prescribing forms of contract
673
Note H Occupations dealings c regulated or restrained
682
Note K Indian Contract Act on impossible agreements
689
relief against contracts but only evidence of fraud c
690
Note O Indian Contract Act on fraud c
700
Right without remedy
707
Contract to marry not exceptional 510
728
Note O Early authorities on assignment of choses in action
739

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Common terms and phrases

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Page 146 - ... or upon any agreement that is not to be performed within the space of one year from the making thereof, 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...
Page 590 - ... or to charge any person upon any agreement made upon consideration of marriage ; or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them ; or upon any agreement that is not to be performed within the space of one year from the making thereof...
Page 48 - 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 353 - ... of the contract arrived some particular specified thing continued to exist, so that, when entering into the contract, they must have contemplated such continuing existence as the foundation of what was to be done...
Page 318 - If, from the plaintiff's own stating or otherwise, the cause of action appears to arise ex turpi causa, or the transgression of a positive law of this country, there the court says he has no right to be assisted. It is upon that ground the court goes ; not for the sake of the defendant, but because they will not lend their aid to such a plaintiff.
Page 153 - A valuable consideration in the sense of the law may consist either in some right, interest, profit, or benefit accruing to the one party, or some forbearance, detriment, loss, or responsibility given, suffered or undertaken by the other.
Page 545 - Wherever two persons stand in such a relation that, while it continues, confidence is necessarily reposed by one, and the influence which naturally grows out of that confidence is possessed by the other, and this confidence is abused, or the influence is exerted to obtain an advantage at the expense of the confiding party, the person so availing himself of his position will not be permitted to retain the advantage, although the transaction could not have been impeached if no such confidential relation...
Page 687 - ... 1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true; 2.
Page 445 - ... but only to prevent the defendant from using the written document in a manner inconsistent with the real agreement, there was no difficulty raised by the Statute of Frauds, " which does not make any signed instrument a valid contract by reason of the signature, if it is not such according to the good faith and real intention of the parties.
Page 496 - ... not specifying the same shall be deemed fraudulent on the part of the promoters, directors, and officers of the company knowingly issuing the same, as regards any person taking shares in the company on the faith of such prospectus, unless he shall have had notice of such contract.

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