A Summary Of The Principles Of The Law Of Simple Contracts Classic Reprint

Excerpt from A Summary of the Principles of the Law of Simple Contracts IT may cause some little surprise when it is seen that, notwithstanding the many able works on the Law of Contracts that have been published, I have ventured to add yet another volume to that already formidable array of legal literature. The reason why I have done so is, because this branch of the Law, however diversely treated, still remains unreduced, whether by means of Articles and Notes, or Rules and Sub rules, or otherwise, into the form of a Concise Sum mary or Digest; and in the present work I have hoped, to a certain extent, to supply the want thus existing. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Excerpt from A Summary Principles of the Law: Simple Contracts That works like these tend to lessen the difficulties experienced in mastering and comprehending the study of the Law must, I think, on all hands, be admitted; but in the case of foreigners - Students coming, as so many do now, from India, Japan, the Cape, and other distant parts, and who have to con tend against the very serious obstacle of learning a science in a language foreign to their own - their use is rendered highly valuable. The Student can there read in one short Rule, clearly and concisely stated, followed by carefully chosen cases to illustrate it and to impress it on his memory, and, not unfrequently, further explained by means of a Note or Sub-rule, what in other works, differently arranged, he finds extended perhaps over some dozen pages. Having thus read and learnt the Rule, and seen its applica tion by the cases inserted to exemplify it, he is in a position to increase that knowledge by the perusal of larger and more exhaustive treatises. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Excerpt from Principles of the Law of Contract The purpose of this book is to give a complete and concise statement of the fundamental principles of the Law of Contract. Practically every principle, as applied by the courts generally in all States, is treated in this volume. It gives the starting point, with citations of the principal cases for further study and research work. The underlying principles of Contract Law are the same in all jurisdictions but the courts in different jurisdictions fre quently vary as to their application in particular instances. NO pretense is made to developing, harmonizing and dis cussing conflicting decisions. A discussion Of the contro verted questions will be found in the cases cited in the text. Their consideration in this work would defeat the very purpose for which it is prepared, - succinctness and a ready reference to leading authorities. Although in the citations a preference is given to New York cases, it is not to be inferred that the law as stated is applicable only to New York. The cited authorities will be found to con tain references to authorities in other jurisdictions. Num erous citations of cases are purposely avoided. The book is in no sense a digest Of contract law. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Excerpt from The Principles of the Law Relating to the Discharge of Contracts But this rule applies to the contract only so long as it remains executory; for when it has become executed wholly or in part by the passage of a consideration, it cannot be discharged by a simple agreement, but only by performance of its terms, by a release under seal, or by an accord and satisfaction.2 TO illustrate - If A, in consideration of certain services to be rendered by B, promises to build a house for B, before the work has been begun the parties may release each other from all the obligations which they have incurred, by simply agreeing to abandon the contract. But if A entered upon the work and built the house, an agreement to rescind the contract would be without consideration; A would surrender his claim to B's services, but B would give nothing in return. So, if the contract were broken one party would become entitled to a right of action against the other, and a mere waiver of the right without any consideration, or the formality of a seal, would not be binding. In England promissory notes and bills of exchange form an exception to the rule which we have stated. The obligations created by such instruments may be discharged by express waiver, without any considera tion.3 The reason for this difference, which is given by baron parke in the case of Foster Dawber, '1 is, that bills of exchange are governed by the law mer chant, which was imported into England from coun tries where a debt might be released by express words. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.