A Selection of Cases On the Law of Contracts volume 2
A Selection of Cases On the Law of Contracts volume 2
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In our eReader you can find the full English version of the book. Read A Selection of Cases On the Law of Contracts volume 2 Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book A Selection of Cases On the Law of Contracts volume 2
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The rule with regard to what are or are not conditions precedent is well stated in the notes to Pordage v. Cole, ' and also in Abbott on Shipping, nth ed. , p. 221, and in Chief Baron Pollock's judgment in Hoare v. Rennie.^ Contracts are so various in their terms that it is really impossible to argue from the letter of one to the letter of another. All we can do is to apply the spirit of the law to the facts of each particular case. Now I think the words " condition precedent" unfortunate. The ...real question, apart from all technical expressions, is, what in each instance is the substance of the contract ? And it seems to me that here, under the circumstances alleged, and having reference to the nature of the charter-party, the defendant was entitled to declare the contract at an end. The contract was for the continuous em- ployment of the ship, and the defendant, owing to the plaintiffs' refusal to perform what was, in my judgment, a material part of the bargain, was unable to go on, as he expected, earning his freight.
What to read after A Selection of Cases On the Law of Contracts volume 2?
You can find similar books in the "Read Also" column, or choose other free books by Keener, William A. (William Albert), 1856-1913 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
The rule with regard to what are or are not conditions precedent is well stated in the notes to Pordage v. Cole, ' and also in Abbott on Shipping, nth ed. , p. 221, and in Chief Baron Pollock's judgment in Hoare v. Rennie.^ Contracts are so various in their terms that it is really impossible to argue from the letter of one to the letter of another. All we can do is to apply the spirit of the law to the facts of each particular case. Now I think the words " condition precedent" unfortunate. The ...real question, apart from all technical expressions, is, what in each instance is the substance of the contract ? And it seems to me that here, under the circumstances alleged, and having reference to the nature of the charter-party, the defendant was entitled to declare the contract at an end. The contract was for the continuous em- ployment of the ship, and the defendant, owing to the plaintiffs' refusal to perform what was, in my judgment, a material part of the bargain, was unable to go on, as he expected, earning his freight.
What to read after A Selection of Cases On the Law of Contracts volume 2?
You can find similar books in the "Read Also" column, or choose other free books by Keener, William A. (William Albert), 1856-1913 to read onlineMoreLess
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