The Science of Jurisprudence Chiefly Intended for Indian Students

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Wildy, 1899 - Broj stranica: 440
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Stranica 65 - ... where, from the nature of the contract, it appears that the parties must from the beginning have known that it could not be fulfilled unless when the time for the fulfilment of the contract arrived some particular specified thing continued to exist, so that, when entering into the contract, they must have contemplated such continuing existence as the foundation of what was to be done...
Stranica 58 - ... 1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true; 2.
Stranica 82 - ... and acquiesced for a great length of time. Nothing can call forth this court into activity but conscience, good faith and reasonable diligence.
Stranica 227 - It must not be forgotten that you are not to extend arbitrarily those rules which say that a given contract is void as being against public policy, because if there is one thing which more than another public policy requires it is that men of full age and competent understanding shall have the utmost liberty of contracting, and that their contracts, when entered into freely and voluntarily, shall be held sacred, and shall be enforced by courts of justice.
Stranica 145 - Nor think, in nature's state they blindly trod; The state of nature was the reign of God: Self-love and social at her birth began, Union the bond of all things, and of man. Pride then was not ; nor arts, that pride to aid ; Man walk'd with beast, joint tenant of the shade, The same his table, and the same his bed; No murder cloath'd him, and no murder fed.
Stranica 280 - If money is paid or goods delivered for an illegal purpose, the person who had so paid the money or delivered the goods may recover them back before the illegal purpose is carried out; but if he waits till the illegal purpose is carried out, or if he seeks to enforce the illegal transaction, in neither case can he maintain an action; the law will not allow that to be done.
Stranica 58 - In any breach of duty which, without an actually fraudulent intent, gains an advantage to the person in fault, or any one claiming under him, by misleading another to his prejudice, or to the prejudice of any one claiming under him; or, 2.
Stranica 57 - Undue influence consists: 1. In the use, by one in whom a confidence is reposed by another, or who holds a real or apparent authority over him, of such confidence or authority for the purpose of obtaining an unfair advantage over him; 2. In taking an unfair advantage of another's weakness of mind; or, 3. In taking a grossly oppressive and unfair advantage of another's necessities or distress.
Stranica 349 - The Court may presume the existence of any fact which it thinks likely to have happened, regard being had to the common course of natural events, human conduct and public and private business, in their relation to the facts of the particular case.
Stranica 336 - No Court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a court competent to try such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and finally decided by such court.

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