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 56
Page vii
... individual advancement ; and when the keen few , realizing the practical supremacy of legislation , no longer seek rights or redress in the courts , but create them by gaining in their behalf the fiat of the legislature it is fitting ...
... individual advancement ; and when the keen few , realizing the practical supremacy of legislation , no longer seek rights or redress in the courts , but create them by gaining in their behalf the fiat of the legislature it is fitting ...
Page xvi
... INDIVIDUAL AND OF THE SOCIAL UNIT SUMMARY CHAPTER XI THE PRACTICAL RESULTS - -A SUGGESTION - THE PRACTICAL RESULTS • • • TWO PRACTICAL DIFFICULTIES - HOW MET A SUGGESTION · AN OBJECTION ANSWERED THE LESSON OF EXPERIENCE . THE LESSON OF ...
... INDIVIDUAL AND OF THE SOCIAL UNIT SUMMARY CHAPTER XI THE PRACTICAL RESULTS - -A SUGGESTION - THE PRACTICAL RESULTS • • • TWO PRACTICAL DIFFICULTIES - HOW MET A SUGGESTION · AN OBJECTION ANSWERED THE LESSON OF EXPERIENCE . THE LESSON OF ...
Page 2
... individual deceased a century or so ago , who had stopped up a pathway leading from some place which nobody ever came from , to some other place which nobody ever went to . " And the poet voiced the feelings of all of us when he sang of ...
... individual deceased a century or so ago , who had stopped up a pathway leading from some place which nobody ever came from , to some other place which nobody ever went to . " And the poet voiced the feelings of all of us when he sang of ...
Page 8
... individual case , and the safeguard of formalism necessary to cover all cases , may produce strange , and interesting , and important results . Witness the following case . A man having made his will giving all of his property to his ...
... individual case , and the safeguard of formalism necessary to cover all cases , may produce strange , and interesting , and important results . Witness the following case . A man having made his will giving all of his property to his ...
Page 21
... individual , and of the individuals as between themselves , so far as concerns questions of life , liberty and property , are the domain of law . ITS DEVELOPMENT INTO TWO TYPES And , in the course of development of the two types of ...
... individual , and of the individuals as between themselves , so far as concerns questions of life , liberty and property , are the domain of law . ITS DEVELOPMENT INTO TWO TYPES And , in the course of development of the two types of ...
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The Science of Law and Lawmaking: Being an Introduction to Law, a General ... Richard Floyd Clarke No preview available - 2016 |
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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...