Cases on Business Law |
From inside the book
Results 1-5 of 100
Page 7
... duty of performing . A. has a right not to be struck by B. B. is under a duty of refraining from strik- ing A. In both cases the consequences are that , if B. violates his duty , A. may successfully sue B. for damages , or he may be ...
... duty of performing . A. has a right not to be struck by B. B. is under a duty of refraining from strik- ing A. In both cases the consequences are that , if B. violates his duty , A. may successfully sue B. for damages , or he may be ...
Page 24
... duty . " 2 In the cases following , we shall be concerned both with the facts and their legal effect , but primarily our inquiry will be : What com- binations of facts will bring contractual legal relations into exist- ence ? We leave ...
... duty . " 2 In the cases following , we shall be concerned both with the facts and their legal effect , but primarily our inquiry will be : What com- binations of facts will bring contractual legal relations into exist- ence ? We leave ...
Page 63
... duty of any one seeking to earn the reward to do all he legally had a right to do towards the arrest of the murderer ; that , if Elkins was a deputy sheriff , he had a legal right to arrest McMahon upon dis- covering him to be the ...
... duty of any one seeking to earn the reward to do all he legally had a right to do towards the arrest of the murderer ; that , if Elkins was a deputy sheriff , he had a legal right to arrest McMahon upon dis- covering him to be the ...
Page 79
... duty of speech , which was neglected , to the harm of the other party . If there was no duty of speech , there could be no harmful omission arising from mere silence . Take the present case as an illustration . The alleged contract was ...
... duty of speech , which was neglected , to the harm of the other party . If there was no duty of speech , there could be no harmful omission arising from mere silence . Take the present case as an illustration . The alleged contract was ...
Page 80
... duty to speak again , and to take further action , if he really intended to obtain the defendant's as- sent ; for what he wanted was something affirmative and positive , and without it he has no status . But he desists , and does and ...
... duty to speak again , and to take further action , if he really intended to obtain the defendant's as- sent ; for what he wanted was something affirmative and positive , and without it he has no status . But he desists , and does and ...
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Other editions - View all
Common terms and phrases
acceptance action affirmed agent agreed agreement alleged amount Appeals appellee applied assumpsit authority bailment bank bankruptcy benefit bill bill of lading breach carrier chose in action circumstances claim common carrier common law Company condition consideration constitute contract court of equity creditor damages debt debtor decisions defendant defendant's delivered delivery discharge drawee drawer due course duty effect enforce entitled equity evidence executed fact fendant fraud held holder in due indorsement intention interest judgment jury law merchant letter liability maker ment mortgage negligence Negotiable Instruments notice obligation offer owner paid party payable payee payment performance person plaintiff plaintiff in error principal promise to pay promissory note purchase purpose question reason received recover refused rendered rule sell specific statute statute of frauds Supreme Court surety thereof tion tort tract transaction trial trust words
Popular passages
Page 372 - ... 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 by him lawfully authorized.
Page 774 - But where the instrument is in the hands of a holder in due course, a valid delivery thereof by all parties prior to him so as to make them liable to him is conclusively presumed.
Page 361 - no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate ; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Page 429 - ... a person shall be deemed insolvent within the provisions of this act whenever the aggregate of his property, exclusive of any property which he may have conveyed, transferred, concealed, or removed, or permitted to be concealed or removed, with intent to defraud, hinder or delay his creditors, shall not, at a fair valuation, be sufficient in amount to pay his debts.
Page 680 - Where the instrument is addressed to a drawee, he must be named or otherwise indicated therein with reasonable certainty.
Page 560 - ... in case of any fraud or false swearing by the insured touching any matter relating to this insurance or the subject thereof, whether before or after a loss.
Page 777 - ... delivery may be shown to have been conditional, or for a special purpose only, and not for the purpose of transferring the property in the instrument.
Page 659 - An instrument which contains an order or promise to do any act in addition to the payment of money is not negotiable.
Page 642 - An unqualified order or promise to pay is unconditional within the meaning of this act, though coupled with — 1. An indication of a particular fund out of which reimbursement is to be made, or a particular account to be debited with the amount; or 2. A statement of the transaction which gives rise to the instrument.
Page 374 - ... unless the buyer shall accept part of the goods or choses in action so contracted to be sold or 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.