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" ... it ceases to have any application; it cannot be applied to other circumstances which could not have been in the contemplation of the parties when the contract was made. "
Reports of Cases Decided in the Court of Appeal [1876-1900]. - Page 262
by Ontario. Court of Appeal, James Stewart Tupper, Richard Scougall Cassels - 1884
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Volume 55

Illinois. Supreme Court - 1872 - 634 pages
...literal compliance with the said provisions of the policy concerning buckets, was not required and could not have been in the contemplation of the parties when the policy was made, but all that was required by the plaintiff in order to comply with such stipulation...
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The Law Reports: Court of Common Pleas, Volume 8

Great Britain. Court of Common Pleas - 1873 - 770 pages
...circumstances, it ceases to have any application ; it cannot be applied to other circumstances which could not have been in the contemplation of the parties when the contract was made. Such a state of things arises where the third question left to the jury in this case can be properly...
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The Indian Contract Act, No. IX of 1872: Together with an Introduction and ...

India - 1878 - 710 pages
...circumstances, it ceases to have any application ; it cannot be applied to other circumstances which could not have been in the contemplation of the parties when the contract was made " (a). On the same principle, contracts for personal service dependent on personal capacity, — as...
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The Central Law Journal, Volume 86

1918 - 502 pages
...circumstances, it ceases to have any application, it cannot be applied to other circumstances which could not have been in the contemplation of the parties when the contract was made." The Allen case supra says: "If these words of Brett J. are applied in their widest extent they may...
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Reports of Cases Decided by the English Courts: With Notes and ..., Volume 6

Nathaniel Cleveland Moak - 1878 - 940 pages
...circumstances it ceases to have any application ; it cannot be applied to other circumstance which could not have been in the contemplation of the parties when the contract was made. Such a state of things arises where the third question left to the jury in this case can be properly...
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A Treatise on the Law of Fire Insurance, Adapted to the Present ..., Volume 1

Horace Gay Wood - 1878 - 974 pages
...literal compliance with the said provisions of the policy concerning buckets, was not required and could not have been in the contemplation of the parties when the policy was made, but all that was required by the plaintiff in order to comply with such stipulation...
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The Federal Reporter, Volume 138

1905 - 1104 pages
...llbelants did not constitute the measure of damages recoverable by them for breach of the charter, since It could not have been In the contemplation of the parties when the charter was made, but that the measure of damages was the market value in Baltimore of the 90,000 feet...
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Reports of Cases Decided by the English Courts: With Notes and ..., Volume 24

Nathaniel Cleveland Moak - 1880 - 914 pages
...existence at the time of the execution of the lease, was novel and extraordinary in its character, and could not have been in the contemplation of the parties when the covenant was made: Love v. Howard, 6 KI, 116. Where a covenant was contained in a lease, on the part...
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The Canadian Law Times, Volume 28

1908 - 1082 pages
...are the natural and proximate 'result of the company's default, and may be fairly considered to have been in the contemplation of the parties when the contract was made. The damages must be the natural and direct result of the breach, and such as flow therefrom by ordinary...
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The Ontario Reports: Containing Reports of Cases Decided in the ..., Volume 1

Ontario. High Court of Justice - 1882 - 710 pages
...not however in my opinion entitled to any damages in respect of the fall in the market price of the wheat ; for that could not have been in the contemplation...happened, the price might have risen instead of fallen." In the same case Crompton, J., made a distinction between the case of a carrier and the seller of an...
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