A Treatise on the Law of Contracts |
Contents
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Common terms and phrases
acceptance accord and satisfaction action agent agreed agreement amount apply authority Bailment Bank bankrupt bankruptcy bill of exchange bill of lading binding Bing breach buyer carrier cheque claim common law consideration Court covenant creditor damages debt debtor deed defendant delivered delivery discharge East effect entitled equity evidence Exch execution executor held House of Lords husband illegal implied indorser infant instrument Jones judgment L. J. Ch L. J. Ex landlord lease liable London Lord Lord Ellenborough marriage ment Northern Rail notice paid partner party payable payment performance plaintiff principal promise promissory note purchaser received recover rent rule Scott sect seller separate servant Simple Contract Smith solicitor stamp Statute of Frauds sued surety Taunt tenant tender thereof third person tion trade trustee unless vendor Vict void Western Rail wife
Popular passages
Page 75 - 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, or that some note or memorandum in writing of the said bargain be made and signed by the parties to be charged by such contract, or their agents thereunto lawfully authorized.
Page 347 - ... agent acting for him, of the goods or documents of title, under any sale, pledge or other disposition thereof to any person receiving the same in good faith and without notice of...
Page 345 - Where there is a contract to sell unascertained or future goods by description, and goods of that description and in a deliverable state are unconditionally appropriated to the contract, either by the seller with the assent of the buyer, or by the buyer with the assent of the seller, the property in the goods thereupon passes to the buyer. Such assent may be expressed or implied, and may be given either before or after the appropriation is made.
Page 344 - If he does not signify his approval or acceptance to the seller but retains the goods without giving notice of rejection then, if a time has been fixed for the return of the goods, on the expiration of such time, and if no time has been fixed, on the expiration of a reasonable time. What is a reasonable time is a question of fact.
Page 435 - In the hands of any holder other than a holder in due course, a negotiable instrument is subject to the same defenses as if it were non-negotiable. But a holder who derives his title through a holder in due course, and who is not himself a party to any fraud or illegality affecting the instrument, has all the rights of such former holder in respect of all parties prior to the latter.
Page 264 - Any contract which if made l>etween private persons would be by law required to be in writing, and signed by the parties to be charged therewith, may be made on behalf of the company in writing signed by any person acting under the express or implied authority of the company...
Page 337 - means an agreement with reference to goods which are the subject of a contract of sale, but collateral to the main purpose of such contract, the breach of which gives rise to a claim for damages but not to a right to reject the goods and treat the contract as repudiated.
Page 342 - Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, and it appears that the buyer relies on the seller's skill or judgment, whether he be the grower or manufacturer or not, there is an implied warranty that the goods shall be reasonably fit for such purpose...
Page 677 - ... or to deprive any party of the benefit thereof, unless such acknowledgment or promise shall be made or contained by or in some writing to be signed by the party chargeable thereby...
Page 241 - Where the instrument contains or a person adds to his signature words indicating that he signs for or on behalf of a principal, or in a representative capacity, he is not liable on the instrument if he was duly authorized; but the mere addition of words describing him as an agent, or as filling a representative character, without disclosing his principal, does not exempt him from personal liability.