The Performance of Contracts: A Summary of Conditions in Contracts and Impossibility of PerformanceCalifornia law review, 1927 - Всего страниц: 104 |
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Стр. 78
... that ' where the law creates a duty or charge , and the party is disabled to perform it , without any fault in him , and hath no remedy over , there the law will excuse him ; ' but ' when the party by his own contract creates a duty or ...
... that ' where the law creates a duty or charge , and the party is disabled to perform it , without any fault in him , and hath no remedy over , there the law will excuse him ; ' but ' when the party by his own contract creates a duty or ...
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The Performance of Contracts: A Summary of Conditions in Contracts and ... George Purcell Costigan Недоступно для просмотра - 2018 |
Часто встречающиеся слова и выражения
actual Anson on Contracts anticipatory breach Anticipatory Repudiation architect bilateral contract bond building contract buyer cause of action charter parties concurrent conditions condition precedent condition subsequent conditions concurrent conditions implied conditions in contracts Contracts 2d Contracts Corbin's 4th Corbin's 4th Amer Costigan's courts covenant or promise damages default defendant ditions excuse existence expressly failure formance happening Harriman on Contracts Harvard Law Review held implied by law Implied Conditions implied in fact Impossibility of Performance installment insurance policies intention jurisdictions Langdell's Rule Langdell's Summary Law Review legal relation liability Mass mutual non-performance notice obligation payment plaintiff Pollock on Contracts Professor Langdell promisor quasi-contract reason recover refusal repudiation right of action Rules on Conditions Sales 2d seems seller Serjeant Williams side statute Summary of Contracts tender tion tracts Uniform Sales Act unilateral Wald's Pollock warranty Williston on Contracts Williston on Sales words Yale Law Journal
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Стр. 30 - ... (b) Accept or keep the goods and maintain an action against the seller for damages for the breach of warranty...
Стр. 76 - But when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding...
Стр. 77 - But where the event is of such a character that it cannot reasonably be supposed to have been in the contemplation of the contracting parties when the contract was made, they will not be held bound by general words which, though large enough to include, were not used with reference to the possibility of the particular contingency which afterwards happens.
Стр. 93 - If a day be appointed for payment of money, or part of it, or for doing any other act, and the day is to happen, or may happen, before the thing which is the consideration of the money, or other act, is to be performed ; an action may be brought for the money, or for not doing such other act before performance, for it appears that the party relied upon his remedy, and did not intend to make the performance a condition precedent. And so it is where no time is fixed for performance of that, which is...
Стр. 33 - In the contracts of merchants, time is of the essence. The time of shipment is the usual and convenient means of fixing the probable time of arrival, with a view of providing funds to pay for the goods, or of fulfilling contracts with third persons.
Стр. 30 - Any affirmation of fact or any promise by the seller relating to the goods is an express warranty if the natural tendency of such affirmation or promise is to induce the buyer to purchase the goods, and if the buyer purchases the goods relying thereon.
Стр. 36 - Effect of conditions. — (1) Where the obligation of either party to a contract to sell or a sale is subject to any condition which is not performed, such party may refuse to proceed with the contract or sale or he may waive performance of the condition. If the other party has promised that the condition should happen or be performed, such first mentioned party may also treat the non-performance of the condition as a breach of warranty.
Стр. 36 - In the absence of express or implied agreement of the parties, acceptance of the goods by the buyer shall not discharge the seller from liability in damages or other legal remedy for breach of any promise or warranty in the contract to sell or the sale. But, if, after acceptance of the goods, the buyer fail to give notice to the seller of the breach of any promise or warranty within a reasonable time after the buyer knows, or ought to know of such breach, the seller shall not be liable therrfor.
Стр. 61 - Where any building, which is leased or occupied, is destroyed or so injured by the elements, or any other cause as to be untenantable, and unfit for occupancy, and no express agreement to the contrary has been made in writing...
Стр. 76 - There can be no doubt that a man may by an absolute contract bind himself to perform things which subsequently become impossible, or to pay damages for the non-performance, and this construction is to be put upon an unqualified undertaking, where the event which causes the impossibility was or might have been anticipated and guarded against in the contract, or where the impossibility arises from the act or default of the promisor.