The Doctrine of Consideration Treated Historically and Comparatively (Treatise Approved for the Degree of Doctor of Laws in the University of London) |
Contents
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Common terms and phrases
accord and satisfaction action of assumpsit action of debt agreed agreement Anglo-Indian Law bargain benefit Bills of Exchange Bills of Sale binding Bracton breach Chancery chattels Civil Code colony Common Law Consi Contract Act conveyance Court of Chancery Covenant creditors damages decided declaration deed defendant deration detinue detriment Doctrine of Consideration Eliz enacts enforced English Law equity executory fraud gift given Harv held Hindu Law indebitatus Indian intention King's Court land Law Merchant Law of England Lord Lord Mansfield marriage ment negotiable instrument nudum pactum obligation Ordinance performance Pinnel's plaintiff plea pleaded Pollock promise to pay promisor Property Act purchaser quid pro quo recover remedy request Roman Law rule satisfaction says seal settlement settlor sideration simple contract Statute Statute of Frauds subsequent promise sued thing third person tion trespass trust valid valuable Consideration Vict void voluntary wager writ writing
Popular passages
Page 287 - That all contracts or agreements, whether by parol or in writing, by way of gaming or wagering, shall be null and void ; and that no ' suit shall be brought or maintained in any court of law or equity, for recovering any sum of money, or valuable thing, alleged to be won upon any wager, or which shall have been deposited in the hands of any person to abide the event on which any wager shall have been made...
Page 244 - The promisee, if he pleases, may treat the notice of intention as inoperative, and await the time when the contract is to be executed, and then hold the other party responsible for all the consequences of non-performance: but in that case he keeps the contract alive for the benefit of the other party as well as his own...
Page 280 - Any settlement of property, not being a settlement made before and in consideration of marriage, or made in favour of a purchaser or incumbrancer in good faith and for valuable consideration, or a settlement made on or for the wife or children of the settlor of property which has accrued to the settlor after marriage in right of his wife...
Page 114 - A valuable consideration in the sense of the law may consist either in some right, interest, profit, or benefit accruing to the one party, or some forbearance, detriment, loss, or responsibility given, suffered, or undertaken by the other.
Page 311 - Value is any consideration sufficient to support a simple contract. An antecedent or pre-existing debt constitutes value ; and is deemed such whether the instrument is payable on demand or at a future time.
Page 225 - One who sells the good-will of a business may agree with the buyer to refrain from carrying on a similar business within a specified county, city, or a part thereof, so long as the buyer, or any person deriving title to the good-will from him, carries on a like business therein.
Page 312 - An accommodation party is one who has signed the instrument as maker, drawer, acceptor, or indorser, without receiving value therefor, and for the purpose of lending his name to some other person. Such a person is liable on the instrument to a holder for value, notwithstanding such holder at the time of taking the instrument knew him to be only an accommodation party.
Page 280 - ... wife or children of any money or property wherein he had not at the date of his marriage any estate or interest, whether vested or contingent in possession or remainder, and not being money or property of or in right of his wife, shall, upon his becoming bankrupt before such property or money has been actually transferred or paid pursuant to such contract or covenant, be void against his trustee appointed under this Act.
Page 294 - Viet. c. 109. s. 18., which enacts " that all contracts or agreements, whether by parol or in writing, by way of gaming or wagering, shall be null and void; and that no suit shall be brought or maintained in any court of law or equity, for recovering any sum of money or valuable thing, alleged to be won upon any wager, or icfiich shall have been deposited in the hands of any person to abide the event on "which any wager shall have been made...
Page 294 - Provided always that this enactment shall not be deemed to apply to any subscription or contribution or agreement to subscribe or contribute for or towards any plate, prize or sum of money to be awarded to the winner or winners of any lawful game, sport, pastime or exercise.