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

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Stevens, 1881 - Contracts - 770 pages
 

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Contents

Variations in personal capacity
48
Extension of capacity 107
49
Married Women Generally cannot contract
78
History of the doctrine 329
88
Lunalifs and Drunken Persons Undisputed points
98
Convicts ic
106
Agency
107
Rights of other contracting party
113
Challiss case 447
114
Indian Contract Act on contracts of agents
121
Mortlock r Buller 511
139
Exceptions
141
Formal and informal contracts in Roman law
147
Action of account
153
requirements of form exceptional
156
Contracts necessary and incidental
162
Lampleigh r Brathwait 11 187
164
Statutory forms of contract
168
The note or memorandum
174
History of the doctrine
185
Horlock 596
190
Contingent consideration
191
For variation of contract
197
Persons affected by Contract
203
Third persons not entitled by the contract itself
214
Scott 535
217
Rigby 608
221
Assignment of contracts
224
Lebel r Tucker
236
CHAPTER VI
249
Agreements wrongful against third persons
255
Leeds r Cheetham 378 379
257
Dealings by agent executor c against his duty
261
Marriages within prohibited degrees
267
Leifchilds case 202
273
When agreements may be not void though forbidden or void with
275
Validity of separation deeds
281
Cooper 71
284
Connexion of the doctrine with the common law as to wagers
289
trading ith
295
Turner 613
298
Sale of offices 4c
303
Illingworth 445 511
308
Maintenance and champerty
310
Statute of Henry VIII against buying pretended titles
317
Public policy aB to freedom of individual action
323
AVhat agreements in partial restraint are valid and of the alleged
332
Where consideration or immediate object unlawful
338
Anomalous decision on contract to marry in Hall v Wriyht
392
Conditional contracts
399
CHAPTER VIII
405
Except in certain special cases and except so far as in the case
411
Or to alter construction of contract
417
Division of cases under this head
426
Distinction as to contracts of lunatic c
433
Personal contracts not transferable
440
Inclusion of parcels by mistake on sale of land 44 1
447
Even if error of one party known to but not caused by the other
453
Purchase of ones own property
459
Election to adopt agreement
465
Hardman
472
Peculiar rules of construction in equity
475
Peculiar defences and remedies derived from equity
482
Quasi estoppel of one party acting as others agent in framing
489
The legal effect of representations
495
Representations amounting to Warranty or Condition 601
503
Sales of Land
509
General duty of vendor to describe property correctly
516
Contract to marry not exceptional
523
CHAPTER XI
529
Right of rescission
533
Not of mere matter of opinion
535
Contracts connected with previous fraud
541
Representation must be in same transaction
547
No rescission where the former state of things cannot be restored
553
Rescission must be within reasonable time i e a time not such
559
Oriental Financial Corporation
563
Duress at Common Law
565
Presumption of influence from confidential relations
569
Rules as to voluntary settlements
577
Undue influence without fiduciary relation
584
Beadel 550
585
Exceptional protection of expectant heirs and reversioners
592
Sales of reversionary interests
601
Confirmation and acquiescence
607
Conditions precedent to remedy not satisfied
618
B The Slip in marine insurance
628
No remedy at
639
APPENDIX
647
Authorities on limits of corporate powers
656
Foreign laws prescribing forms of contract
673
Indian Contract Act on unlawful agreements
681
Note Ij On the supposed equitable doctrine of making represen
687
Indian Contract Act on fraud c 6
695
Imperfect gifts 202
713
Fraud on creditors 250
715

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Common terms and phrases

Popular passages

Page 353 - 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 353 - The principle of public policy is this; ex dolo malo non oritur actio. No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act.
Page 181 - 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 477 - ... 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 62 - All contracts, whether by specialty or by simple contract, henceforth entered into by infants for the repayment of money lent or to be lent, or for goods supplied or to be supplied (other than contracts for necessaries ) , and all accounts stated with infants, shall be absolutely void...
Page 296 - It must not be forgotten that you are not to extend arbitrarily those rules which say that a given contract is void as being against public policy, because, if there is one thing which more than another public policy requires, it is that men of full age and compeMcKay v.
Page 73 - Therefore it is clearly agreed by all the books that speak of this matter that an infant may bind himself to pay for his necessary meat, drink, apparel, physic, and such other , necessaries, and likewise for his good teaching and Instruction, whereby he may profit himself afterwards.
Page 700 - ... 1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true; 2. The positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true; 3.
Page 351 - We quite agree, that, where a contract is to do a thing which cannot be performed without a violation of the law it is void, whether the parties knew the law or not. But we think, that in order to avoid a contract which can be legally performed', on the ground that there was an intention to perform it in an illegal manner, it is necessary to show that there was the wicked intention to break the law; and, if this be so, the knowledge of what the law is becomes of great importance.
Page 658 - But a little reflection will show that in all cases of contracts entered into between parties at a distance by correspondence, it is impossible that both should have a knowledge of it the moment it becomes complete. This can only exist where both parties are present. The position may be illustrated by the case before us.

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