Principles of Contract at Law and in Equity; A Treatise on the General Principles Concerning the Validity of Agreements in the Law of England and Amer - Softcover
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906 edition. Excerpt: ...accordance with English law. (a) For the explanation of a not Sav. Obi. 1. 385.,„»„.„ very clear illustration which follows (b) D. 45. 1. de v. o. 137. §3 4-0. here, and is omitted in our text, see 2. Per-2. Wc uow come to the cases where the performance of imtrfblo an agreement is not impossible in its own nature, but in fact: no impossible in fact by reason of the particular circumwhere stances. It is a rule admitted by all the authorities, and contract U supported by positive decisions, that impossibility of this kind is no excuse for the failure to perform an unconditional contract, whether it exists at the date of the contract, or arises from events which happen afterwards («). Thus an absolute contract to load a full cargo of guano at a certain island was not discharged by there not being enough guano there to make a cargo (b): and where a charter-party required a ship to be loaded with usual despatch, it was held to be no answer to an action for delay in loading that a frost had stopped the navigation of the canal by which the cargo would have been brought A fortiori to the ship in the ordinary course (c). Still less will incon"-0 y unexpected difficulty or inconvenience short of impossiyenient or bility serve as an excuse. Where insured premises were ticable. damaged by fire and the insurance company, having an option to pay in money or reinstate the building, elected to reinstate, but before they had done so the whole was pulled down by the authority of the Commissioners of Sewers as being in a dangerous condition; it was held that the company were bound by their election, and the performance of the contract as they had elected to perform it was not excused (d). So again if a man contracts to do work...
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- PublisherRareBooksClub.com
- Publication date2012
- ISBN 10 1236588401
- ISBN 13 9781236588401
- BindingPaperback
- Number of pages316
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