Principles of the Law of Contract
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Legal parts (i) "Where the contract consists of several parts, so to be° evered ^^^^ ^^^'"^ ^^^ several promises based on several cou- if possible siderations, the fact that one or more of these consid- roin 1 ega . gj-g^^JQug jg illegal will not avoid all the promises if those whicli were made upon legal considerations are sever- able from the others. This is an old rule of law ex- Pigot's Case, plicitly laid down in Cote's Eeports, " That if some of 11° 27^^' *^'® Covenants of an Indenture or... of the conditions endorsed upon a bond are against law, and some good and lawful, that in this case the covenants or condi- 190 Chap. V. § 3. LEGALITY OF OBJECT. 182 tions which are against law are void ah initio, and tho others stand good." The rule applies whether the illegality exist by Stat- ute or at Common Law, though at one time the judges held differently, and fearing lest statutes might be eluded, laid it down that " the S(tatute is like a tyrant, where he comes he makes all void, but the common law is like a nursing father, makes all void that part where the fault is and preserves the rest." This distinction has however been held in several modern cases to be without foundation.
What to read after Principles of the Law of Contract?
You can find similar books in the "Read Also" column, or choose other free books by Anson, William Reynell, Sir, 1843-1914 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Legal parts (i) "Where the contract consists of several parts, so to be° evered ^^^^ ^^^'"^ ^^^ several promises based on several cou- if possible siderations, the fact that one or more of these consid- roin 1 ega . gj-g^^JQug jg illegal will not avoid all the promises if those whicli were made upon legal considerations are sever- able from the others. This is an old rule of law ex- Pigot's Case, plicitly laid down in Cote's Eeports, " That if some of 11° 27^^' *^'® Covenants of an Indenture or... of the conditions endorsed upon a bond are against law, and some good and lawful, that in this case the covenants or condi- 190 Chap. V. § 3. LEGALITY OF OBJECT. 182 tions which are against law are void ah initio, and tho others stand good." The rule applies whether the illegality exist by Stat- ute or at Common Law, though at one time the judges held differently, and fearing lest statutes might be eluded, laid it down that " the S(tatute is like a tyrant, where he comes he makes all void, but the common law is like a nursing father, makes all void that part where the fault is and preserves the rest." This distinction has however been held in several modern cases to be without foundation.
What to read after Principles of the Law of Contract?
You can find similar books in the "Read Also" column, or choose other free books by Anson, William Reynell, Sir, 1843-1914 to read onlineMoreLess
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