The Law of Actionable Misrepresentation, Stated in the Form of a Code: Followed by a Commentary and Appendices

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Butterworth & Company, 1911 - Fraud - 516 pages
 

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Page xi - The life of the law has not been logic: it has been experience. The felt necessities of the time, the prevalent moral and political theories, intuitions of public policy, avowed or unconscious, even the prejudices which judges share with their fellow-men, have had a good deal more . to do than the syllogism in determining the rules by which men should be governed.
Page 154 - IT were infinite for the law to judge the causes of causes, and their impulsions one of another : therefore it contenteth itself with the immediate cause ; and judgeth of acts by that, without looking to any further degree.
Page 85 - Take then thy bond, take thou thy pound of flesh; But, in the cutting it, if thou dost shed One drop of Christian blood, thy lands and goods Are, by the laws of Venice, confiscate Unto the state of Venice.
Page 266 - In this state of discrepancy between the decided cases we think it is, at all events, a safe rule to adopt, that where the misdescription, although not proceeding from fraud, is in a material and substantial point, so far affecting the subject-matter of the contract that it may reasonably be supposed, that, but for such misdescription, the purchaser might never have entered into the contract at all, in snch case the contract is avoided altogether, and the purchaser is not bound to resort to the clause...
Page 258 - Association, to contribute to the assets of the Company in the event of its being wound up.
Page 92 - ... whether there is anything that might not naturally be expected to take place between the parties who are concerned in the transaction, that is, whether there be a contract between the debtor and the creditor to the effect that his position shall be different from that which the surety might naturally expect ; and, if so, the surety is to see whether that is disclosed to him.
Page 291 - No : whoever receives it must take it tainted and infected with the undue influence and imposition of the person, procuring the gift: his partitioning and cantoning it out amongst his relations and friends will not purify the gift, and protect it against the Equity of the person imposed upon. Let the hand receiving it be ever so chaste, yet, ^ if it comes through a polluted channel, the obligation of restitution , will follow it.
Page 83 - Where the terms of promise admit of more senses than one, the promise is to be performed " in that sense in which the promiser apprehended, at the time, that the promisee received it.
Page 343 - That the particulars or conditions of sale by auction of any land shall state whether such land will be sold without reserve, or subject to a reserved price, or whether a right to bid is reserved ; if it is stated that such land will be sold without reserve, or to that effect, then it shall not be lawful for the seller to employ any person to bid at such sale, or for the auctioneer to take knowingly any bidding from any such person.
Page 74 - A representation as to a matter of fact is true, if it be substantially correct, that is to say, if the difference between what is represented and what is actually correct would not be considered material by a prudent insurer.

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