A Selection of Cases On the Law of Contracts : With a Summary of the Topics Covered By the Cases
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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 : With a Summary of the Topics Covered By the Cases 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 : With a Summary of the Topics Covered By the Cases
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SECT. IX.J MAKIK V. "WATKINSON. 981 Brajtwell, B. I am also of opinion that the plea is good. To hold it to be so, we must hold the defendant's covenant to be a cove- nant to repair on notice. I have the strongest objection to interpolate words into a contract, and think we ought never to do so unless there is some cogent and almost irresistible reason for it, arising from the absurdity of the contract if it is read without them. Does such a reason, then, exist here? I think it does. I think th...at we are irre- sistiblj^ driven to say that the parties cannot have intended so prepos- terous a covenant as that the defendant should keep in repair that of which he has no means of ascertaining the condition. The lessee is in possession ; he can say to the lessor : ' ' You shall not come on the premises without lawful cause ; " and to come for the purpose of looking into the state of the premises would not be a lawful cause. If the lessor comes to repair when no repair is needed, he will be a tres- passer ; if he does not come, he will, according to the plaintiff's con- tention, be liable to an action on the covenant if repair is needed, and will be Uable, not only to the cost of repair, but to consequential damage for injury to chattels caused by want of the repairs he had no opportunity of effecting.
What to read after A Selection of Cases On the Law of Contracts : With a Summary of the Topics Covered By the Cases?
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To quickly assess the difficulty of the text, read a short excerpt:
SECT. IX.J MAKIK V. "WATKINSON. 981 Brajtwell, B. I am also of opinion that the plea is good. To hold it to be so, we must hold the defendant's covenant to be a cove- nant to repair on notice. I have the strongest objection to interpolate words into a contract, and think we ought never to do so unless there is some cogent and almost irresistible reason for it, arising from the absurdity of the contract if it is read without them. Does such a reason, then, exist here? I think it does. I think th...at we are irre- sistiblj^ driven to say that the parties cannot have intended so prepos- terous a covenant as that the defendant should keep in repair that of which he has no means of ascertaining the condition. The lessee is in possession ; he can say to the lessor : ' ' You shall not come on the premises without lawful cause ; " and to come for the purpose of looking into the state of the premises would not be a lawful cause. If the lessor comes to repair when no repair is needed, he will be a tres- passer ; if he does not come, he will, according to the plaintiff's con- tention, be liable to an action on the covenant if repair is needed, and will be Uable, not only to the cost of repair, but to consequential damage for injury to chattels caused by want of the repairs he had no opportunity of effecting.
What to read after A Selection of Cases On the Law of Contracts : With a Summary of the Topics Covered By the Cases?
You can find similar books in the "Read Also" column, or choose other free books by Samuel Williston to read onlineMoreLess
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