The Science of Law and Lawmaking: Being an Introduction to Law, a General View of Its Forms and Substance, and a Discussion of the Question of CodificationMacmillan, 1898 - 473 pages |
From inside the book
Results 1-5 of 51
Page 14
... combination of the facts of the case , the decision on the facts , and the reasons given for such decision . Thus the rule of law established by this case of Armory vs. Delamirie might , by the use of different words and phrases in ...
... combination of the facts of the case , the decision on the facts , and the reasons given for such decision . Thus the rule of law established by this case of Armory vs. Delamirie might , by the use of different words and phrases in ...
Page 25
... combinations of fact , it is not always easy to lay down beforehand a rule which will produce a correct decision of all the possible cases that may arise . In other words , where questions of equity are involved , it is much easier to ...
... combinations of fact , it is not always easy to lay down beforehand a rule which will produce a correct decision of all the possible cases that may arise . In other words , where questions of equity are involved , it is much easier to ...
Page 26
... combinations of fact are decided by a rigid rule expressed in formal lan- guage , then the case system approaches nearer than the Code system to that absolute excellence which a legal system should possess . We may conclude , therefore ...
... combinations of fact are decided by a rigid rule expressed in formal lan- guage , then the case system approaches nearer than the Code system to that absolute excellence which a legal system should possess . We may conclude , therefore ...
Page 47
... combination among other and neutral nations to prevent infractions of the Code by some one nation . A case partially in point was the proposal urged from many quarters in 1896 that the United States should recognize the Cuban insurgents ...
... combination among other and neutral nations to prevent infractions of the Code by some one nation . A case partially in point was the proposal urged from many quarters in 1896 that the United States should recognize the Cuban insurgents ...
Page 71
... combinations of facts , law cases , or equity cases , or by the same generic name , cannot obscure or change the truth . Intrinsic differences between these classes of cases existing as a fact , require different treatment by the Courts ...
... combinations of facts , law cases , or equity cases , or by the same generic name , cannot obscure or change the truth . Intrinsic differences between these classes of cases existing as a fact , require different treatment by the Courts ...
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The Science of Law and Lawmaking: Being an Introduction to Law, a General ... Richard Floyd Clarke No preview available - 2016 |
Common terms and phrases
abstract action actual Amos analogy answer applied argument arising Austin Austin's Province authority certainty Chap CHAPTER Code Law Code Napoleon Code of Civil code system codification combinations of facts common law system construction contracts in restraint Court covenant David Dudley Field decided decision declared defects defendant Diamond Match Co Digest dispute distinction effect enacted English law equity ethical exception existence expressed Field Civil Code Field Code follows French Code Ibid Indian Contract Act indifferent conduct individual instance interpretation involved judge jurisdiction jury language laws of nature lawyer legislation Legislature limits meaning ment particular phenomena Pollock practice prescribed principles Province of Jurisprudence public policy question reason reported restraint of trade result rule of law says scientific Sir Frederick Pollock society special facts statement statute law Statute of Frauds statutory statutory law system of law tion Title true truth uncertainty valid void Warfare of Science words writing written
Popular passages
Page 110 - no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate ; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Page 236 - It is a maxim not to be disregarded that general expressions, in every opinion, are to be taken in connection with the case in which those expressions are used. If they go beyond the case, they may be respected, but ought not to control the judgment in a subsequent suit when the very point is presented for decision.
Page 135 - 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.
Page 187 - The parties to a contract may agree therein upon an amount which shall be presumed to be the amount of damage sustained by a breach thereof, when, from the nature of the case, it would be impracticable or extremely difficult to fix the actual damage.
Page 104 - ... of another person ; (3) or to charge any person upon any agreement made upon consideration of marriage ; (4) or upon any contract or sale of lands, tenements or hereditaments, or any interest in or concerning them; (5) or upon any agreement that is not to be performed within the space of one year from the making thereof; (6) unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or...
Page 134 - We do not see how a better test can be applied to the question whether reasonable or not than by considering whether the restraint is such only as to afford a fair protection to the interests of the party in favor of whom it is given, and not so large as to interfere with the interests of the public.
Page 187 - Every agreement by which any party thereto is restricted absolutely from enforcing his rights under or in respect of any contract by the usual legal proceedings in the ordinary tribunals, or which limits the time within which he may thus enforce his rights, is void to that extent Exception 1.
Page 187 - One who sells the good will of a business may agree with the buyer to refrain from carrying on a similar business within a specified county, city, or a part thereof, so long as the buyer, or any person deriving title to the good will from him, carries on a like business therein.
Page 208 - Every contract by which any one is restrained from exercising a lawful profession, trade, or business of any kind, otherwise than is provided by the next two sections, is to that extent void.
Page 104 - That no contract for the sale of any goods, wares, and merchandises, for the price of ten pounds sterling or upwards shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part...