The Principles of the American Law of Contracts at Law and in Equity

Capa
F. H. Thomas law book Company, 1893 - 640 páginas
 

Índice

CHAPTER II
39
Payment under mistake of
53
Money paid for illegal purpose
54
c Contracts Implied from Express Ones 55 Introductory 56 Usages of trade
59
In contracts of sale
60
In contracts of agency and service
63
The different kinds of contracts 1 CONTRACTS OF RECORD 60 Contracts of record 2 CONTRACTS UNDER SEAL 61 Contracts under seal 62 Ho...
65
c Effect of Noncompliance SECTION 82 Contract not void but simply unenforceable 83 Part performance 5 THE STATUTE OF FRAUDS 17TH SE...
66
Simple contracts
67
Simple contracts required to be in writing 4
68
Introductory a What Contracts are Within the Statute
69
Special promise of executor or administrator
70
Promise to answer for debt default or miscarriage of another
71
Agreements in consideration of marriage
72
Interest in or concerning lands
73
Contracts not to be performed within a year
74
What agreements not within the statute b Form Required by the Statute
75
General principles
76
Memorandum must show a complete contract
77
Must show parties
78
Consideration
79
Must be signed by party charged
88
Signing by agent
89
Acceptance and receipt
97
Earnest or part payment
98
c Effect of Noncompliance 90 Under this section contract void
99
CHAPTER IV
100
Past consideration
120
CHAPTER V
123
Contracts under statutory authority
124
THE MODE OF FORMING THE RELATION SECTION 166 Introductory a The Capacity of the Parties 167 Who may be principal and agent b The ...
125
Liability when principal unnamed but agency disclosed 197 Liability when agency undisclosed 198 Liability for frauds and torts III THE DETERMI...
126
Ratification
193
Form of ratification 174 Ratification by acts and conduct
196
Declarations of agent 176 Ratification shifts liability to principal
197
What acts cannot be ratified
198
THE EFFECT OF THE RELATION 178 Introductory
199
By agreement
200
By act of one of the parties
201
a Rights and Liabilities of Principal and Agent Per Se 179 Duty of principal to reward and indemnify agent 180 Duties of agent In general 181
202
To make no personal profit
203
Authority coupled with interest or on consideration
204
CHAPTER VI
231
b Representation of Fact 233 Matters of opinion 234 Matters of intention 235 Matters of law c By Party Charged 236 Fraud of third party d Knowled...
232
Must be personalduress of goods
255
a Family or Confidential Relations 260 Introductory 261 Contracts between husband and wife
277
Parent and child
278
Guardian and ward
279
Trustee and cestui que trust 265 Attorney and client 266 Priest and member of flock
280
Physician and patient 268 Other cases 269 How long disability continues
281
b Mental Weakness 270 Rule in this case stated
282
c Necessities of Party 271 Introductory 272 Expectant heirs
283
Reversionary interests
284
Lender and borrower 275 Other cases of necessity
285
d Consideration 276 Inadequacy of consideration
286
e Remedies 277 Remedy of party
287
CHAPTER VII
288
Appointment of public officers 312 Agreements influencing elections 313 Exceptions to the foregoing rules 314 Salaries of public officers 315 Agre...
289
ity
291
Contracts partly executed on Sunday
309
Rescission and ratification of such contracts b Contracts in Breach of Common
310
CHAPTER VIII
375
PART III
389
THE PROOF OF THE CONTRACT
393
CHAPTER X
417
CHAPTER XI
429
CHAPTER XII
438
CHAPTER XIII
457
CHAPTER XIV
468
c Loss of Written Instrument 435 Effect of loss of written instrument
475
CHAPTER XV
477
CHAPTER XVI
484
PART V
497
Same Where contract entire
501
CHAPTER XVIII
517
CHAPTER XIX
532
Introductory
537
Losses fall on principal
611
Agent may not delegate his authority b Rights and Liabilities of Parties when Principal Named 184 Principal bound agent not 1 Nature and Extent of ...
612
Consideration obtained by fraud 110 Failure of consideration
623
Agreements to commit a crime 297 Agreements to commit a civil wrong 298 Fraud and illegality distinguished 299 Frauds upon creditors creditors
624
Sales at auction agreements to defraud bidders 307 Sales at auction agreements to defraud owner c Contracts Against Public Policy
625
Exceptions to the American doctrine 347 Agreements legal in one place illegal in another Con flict of laws in general 348 Agreements legal at one ti...
626
Securities given for necessaries 141 Province of judge and jury 142 Ratification after reaching majority
627
Express ratification by new promise 144 Must be made with knowledge of nonliability 145 Elect of ratification 146 Implied ratification from acts an...
628
In what cases misrepresentation avoids contract 218 Contracts affected by misrepresentation 219 Contracts of insurance 220 Contracts for purchase o...
629
Introductory 309 Agreements to influence legislative action 310 Agreements to influence administrative and executive action
632
Right to recapture
634
AGENTS
636

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Palavras e frases frequentes

Passagens conhecidas

Página 503 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be 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...
Página 503 - ... 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.
Página 76 - ... 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.
Página 76 - ... 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...
Página 337 - It is furthermore hereby provided and mutually agreed, that no suit or action against this company, for the recovery of any claim by virtue of this policy, shall be sustainable in any Court of Law or Chancery until after an award shall have been obtained fixing the amount of such claim in the manner above provided...
Página 325 - 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 competent understanding shall have the utmost liberty of contracting, and that their contracts when entered into freely and voluntarily shall be held sacred and shall be enforced by Courts of Justice.
Página 101 - 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.
Página 94 - That a contract for the sale of articles then existing, or such as the vendor, in the ordinary course of his business, manufactures or procures for the general market, whether on hand at the time or not, is a contract for the sale of goods, to which the statute applies. But, on the other hand, if the goods are to be manufactured especially for the purchaser, and upon his special order, and not for the general market, the case is not within the statute.
Página 334 - Eliz. c. 2, to be punished by six months' imprisonment, and treble damages to the party injured. Maintenance. 12. Maintenance is an offence that bears a near relation to the former, being an officious intermeddling in a suit that no way belongs to one, by maintaining or assisting either party, with money or otherwise to prosecute or defend it; a practice that was greatly encouraged by the first introduction of uses.
Página 92 - That no contract for the sale of any goods, wares, and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part payment...

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