Law of Contract |
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Page 1
... tion . Every contract is an agreement but every agreement is not a contract . Agreement is the genus of which contract is the species . Every contract is an obligation , but every obligation is not a contract . An agreement is the ...
... tion . Every contract is an agreement but every agreement is not a contract . Agreement is the genus of which contract is the species . Every contract is an obligation , but every obligation is not a contract . An agreement is the ...
Page 2
... tion of the State , all those rights are enforced which the State considers should reasonably and in justice to both parties , and with due regard to the public welfare be enforced . Therefore a particular right is created when all the ...
... tion of the State , all those rights are enforced which the State considers should reasonably and in justice to both parties , and with due regard to the public welfare be enforced . Therefore a particular right is created when all the ...
Page 11
... tion binding upon one or both of the parties or the transfer of ownership or the extinguishment or modification of an existing obligation . § 8. Forms of Offer , An offer may be : ( a ) A mere naked absolute promise . ( b ) A promise ...
... tion binding upon one or both of the parties or the transfer of ownership or the extinguishment or modification of an existing obligation . § 8. Forms of Offer , An offer may be : ( a ) A mere naked absolute promise . ( b ) A promise ...
Page 15
... tion of interpretation , to be answered by considering the nature of the proposition , the circumstances under which it was made , and the relations between the parties . Invitations to negotiate and not serious and final offers are ...
... tion of interpretation , to be answered by considering the nature of the proposition , the circumstances under which it was made , and the relations between the parties . Invitations to negotiate and not serious and final offers are ...
Page 19
... tion . * * * It is not the secret purpose but the expressed intention which must govern , in the absence of fraud and mutual mistake . " 14 Knight . Cooley , 34 Iowa , 221 . 15 [ 1893 ] App . Cas . 552 . your title deed in order that we ...
... tion . * * * It is not the secret purpose but the expressed intention which must govern , in the absence of fraud and mutual mistake . " 14 Knight . Cooley , 34 Iowa , 221 . 15 [ 1893 ] App . Cas . 552 . your title deed in order that we ...
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Other editions - View all
Common terms and phrases
acceptance accord and satisfaction agent agreed agreement amount assignment Balto Bank benefit bilateral contract binding bound BRANTLY breach buyer choses in action claim common law condition consent consideration Court Court of Equity creditor damages debt debtor defendant delivered delivery discharge duress effect enforce entitled to recover equity executed exist fact false forbearance fraud fraudulent Gill give ground held illegal implied impossible infant intended land letter liability liquidated damages Mass ment Minn misrepresentation mistake obligation offer offeree offeror paid pari delicto payment performance plaintiff principle promise to pay promisor promissory note purchase question reason refused rescind the contract rescission revocation revoked right of action rule says seal sell seller Smith sold statement statute Statute of Frauds stipulated telegram thing third party third person tion tract transaction unless valid void voidable words
Popular passages
Page 143 - ... be actually made, procured, or provided, or fit or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery...
Page 237 - We do not see how a better test can be applied to the question whether reasonable or not, than by considering whether the restraint is such only as to afford a fair protection to the interests of the party in favor of whom it is given, and not so large as to interfere with the interests of the public.
Page 128 - No action shall be brought whereby to charge any executor or administrator, upon any special promise, to answer damages out of his own estate...
Page 242 - For no country ever takes notice of the revenue laws of another. " <The objection, that a contract is immoral or illegal as between plaintiff and defendant, sounds at all times very ill in the mouth of the defendant. It is not for his sake, however, that the objection is ever allowed; but it is founded in general principles of policy, which the defendant has the advantage of, contrary to the real justice, as between him and the plaintiff, by accident, if I may so say. The principle of public policy...
Page 84 - 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 457 - ... such as may fairly and reasonably be considered either arising naturally — ie, according to the usual course of things, from such breach of contract itself — or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.
Page 285 - ... as by the known usage of trade or the like, acquired a peculiar sense distinct from the popular sense of the same words...
Page 46 - A proposal to accept, or an acceptance, upon terms varying from those offered, is a rejection of the offer, and puts an end to the negotiation, unless the party who made the original offer renews it, or assents to the modification suggested.
Page 421 - There seems no doubt that where there is a positive contract to do a thing, not in itself unlawful, the contractor must perform it or pay damages for not doing it, although in consequence of unforeseen accidents, the performance of his contract has become unexpectedly burdensome or even impossible.
Page 142 - ... sold, and actually receive the same, or give something in earnest to bind the contract, or in part payment, or unless some note or memorandum in writing of the contract or sale be signed by the party to be charged or his agent in that behalf.