The Law Magazine and Review: For Both Branches of the Legal Profession at Home and AbroadButterworths, 1877 - Law |
From inside the book
Results 6-10 of 73
Page 316
... contract must be read with a clause containing the terms of the custom added to it . In construing contracts of this ... contract ? How this question has been actually treated in Courts of Common Law could not be now stated in any ...
... contract must be read with a clause containing the terms of the custom added to it . In construing contracts of this ... contract ? How this question has been actually treated in Courts of Common Law could not be now stated in any ...
Page 363
... contract . It is well known that contracts are often enforced by the sanction of a penalty disguised under the name of “ liquidated damages , ” but ( as will be shown ) it is only a certain class of contracts which is in practice ...
... contract . It is well known that contracts are often enforced by the sanction of a penalty disguised under the name of “ liquidated damages , ” but ( as will be shown ) it is only a certain class of contracts which is in practice ...
Page 367
... contract had been with the utmost precision specifically performed ; yet the result of experience is that where a man , having contracted to sell his estate , is placed in this situation , that he cannot know whether he is to receive ...
... contract had been with the utmost precision specifically performed ; yet the result of experience is that where a man , having contracted to sell his estate , is placed in this situation , that he cannot know whether he is to receive ...
Page 368
... contract , for which pecuniary compen- sation can be made , may be reduced to a sum of money ; Equity regards a penalty for the non - performance of such a contract as designed merely to secure that sum of money ; therefore , the ...
... contract , for which pecuniary compen- sation can be made , may be reduced to a sum of money ; Equity regards a penalty for the non - performance of such a contract as designed merely to secure that sum of money ; therefore , the ...
Page 369
... contract as the Court or a jury might be disposed to award ; a right which B. would have enjoyed none the less if no penalty had been stipulated for , though in that case he might have run more risk of not getting his money . But we are ...
... contract as the Court or a jury might be disposed to award ; a right which B. would have enjoyed none the less if no penalty had been stipulated for , though in that case he might have run more risk of not getting his money . But we are ...
Other editions - View all
Common terms and phrases
39 Vict action Admiralty Admitted aged agreement Albericus Gentilis appeal apply appointed authority Bankruptcy Barrister-at-law Bills of Exchange Board borough called cargo charter-party Church claim clause Code codification Common Law contract Coroner Court Court of Chancery creditors criminal damages debtor decision Declaration of Paris defendant demurrage doctrine edition England English entitled Equity evidence Ex pte exercise existence fact favour foreign Gentilis give given Government granted Held Henry Thring Inner Temple interest Judges judgment judicial jurisdiction Jurisprudence Jurists Jury Justice L.J. Ch land legislation liable Lincoln's Inn London Lord marriage matter ment Middle Temple nations neutral notice Oleron opinion Parliament parties patent payment person petition plaintiff port practice present principle Professor Public Health public right question Rail Railway reason reference refused regard respect rule ship Solicitor Statute tion treaty trust vessel wharf Whiteside words