Reports of Cases Argued and Determined in the English Courts of Common Law: With Tables of the Cases and Principal Matters, Volume 99T. & J.W. Johnson, 1870 - Law reports, digests, etc |
Contents
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| 851 | |
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Common terms and phrases
act of parliament action aforesaid agreement alleged amount appears applied appointed arbitrator attorney authority award bill Birkenhead Bishopwearmouth borough bound BYLES canal carried cause charge Christopher Bramwell church-rate churchwardens claim clerk coal commissioners common law contract corporation costs county court court of equity covenant creditors damages debt declaration deed defendant defendant's demurrer disclaimer Dudley Canal E. C. L. R. vol enacts entitled equity ERLE evidence execution forest give ground heirs held intention judge judgment jury justices lands liable Lord magistrates matter ment mentioned minerals navigation notice opinion owner paid parish parties partners patent payment person plaintiff plea proceedings profits proprietors prosecution provisions purpose question railway reason recover referred respect river Medway roller rule sessions Smith Stapleford Abbotts statute testator therein thereof Timmis Smith tion trustees verdict vestry Vict William Jordan William Roupell words
Popular passages
Page 625 - 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 of the breach of it.
Page 721 - 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 any accident by inevitable necessity, because he might have provided against it by his contract.
Page 539 - ... such person shall be entitled to stand in the place of the creditor, and to use all the remedies, and if need be, and upon a proper indemnity, to use the name of the creditor in any action or other proceeding at law or...
Page 841 - By the seventeenth section, it is enacted that " no contract for the sale of any goods, wares, and merchandises, for the price of £,10 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 of payment...
Page 361 - ... whether the defect or error be that of the party applying to amend or not ; and all such amendments may be made with or without costs, and upon such terms as to the...
Page 229 - ... for the damage, if any, to be sustained by the owner of the lands by reason of the severing of the lands taken from the other lands of such owner, or otherwise injuriously affecting such lands by the exercise of the powers of this or the special act, or any act incorporated therewith.
Page 351 - It extends to all communications made bona fide upon any subject-matter in which the party communicating has an interest, or in reference to which he has a duty to a person having a corresponding interest or duty ; and the privilege embraces cases where the duty is not a legal one, but where it is of a moral or social character of imperfect obligation.
Page 841 - 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...
Page 697 - ... or otherwise, is in the possession or power of the opposite party, it shall be lawful for the court or judge to order that the party against whom such application is made, or, if such party is a body corporate, that some officer to be named...
Page 161 - It is undoubtedly true that every man is by the law of nature bound to fulfil his engagements. It is equally true that the law of this country supplies no means, nor affords any remedy, to compel the performance of an agreement made without sufficient consideration...