A Selection of Cases On the Law of Contracts
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& N. 183 ; Dimech v. Corlett, 12 Moo. P.
C. 0. 199; Clipsham v. Vertue, 5 Q. B. 265.) But with 436 Conditions in Contract. [Chap. II.
respect to statements in a contract descriptive of the sub- ject-matter of it, or if some material incident thereof, the true doctrine, established by principle as well as au- thority, appears to be, generally speaking, that if such descriptive statement was intended to be a substantive part of the contract, it is to be regarded as a warranty — that is to say, a ...condition on the failure or nonperform- ance of which the other party may, if he is so minded, re- pudiate the contract in toto, and so be relieved from per- forming his part of it, provided it has not been partially executed in his favor. If, indeed, he has received the whole or any substantial part of the consideration for the promise on his part, the warranty loses the character of a condition, or, to speak perhaps more properly, ceases to be available as a condition, and becomes a warranty in the narrower sense of the word — viz., a stipulation by way of agreement, for the breach of which a compensa- tion must be sought in damages.
What to read after A Selection of Cases On the Law of Contracts?
You can find similar books in the "Read Also" column, or choose other free books by Ashley, Clarence D. (Clarence Degrand), 1851-1916 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
& N. 183 ; Dimech v. Corlett, 12 Moo. P.
C. 0. 199; Clipsham v. Vertue, 5 Q. B. 265.) But with 436 Conditions in Contract. [Chap. II.
respect to statements in a contract descriptive of the sub- ject-matter of it, or if some material incident thereof, the true doctrine, established by principle as well as au- thority, appears to be, generally speaking, that if such descriptive statement was intended to be a substantive part of the contract, it is to be regarded as a warranty — that is to say, a ...condition on the failure or nonperform- ance of which the other party may, if he is so minded, re- pudiate the contract in toto, and so be relieved from per- forming his part of it, provided it has not been partially executed in his favor. If, indeed, he has received the whole or any substantial part of the consideration for the promise on his part, the warranty loses the character of a condition, or, to speak perhaps more properly, ceases to be available as a condition, and becomes a warranty in the narrower sense of the word — viz., a stipulation by way of agreement, for the breach of which a compensa- tion must be sought in damages.
What to read after A Selection of Cases On the Law of Contracts?
You can find similar books in the "Read Also" column, or choose other free books by Ashley, Clarence D. (Clarence Degrand), 1851-1916 to read onlineMoreLess
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