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" But where the event is of such a character that it cannot reasonably be supposed to have been in the contemplation of the contracting parties when the contract was made, they will not be held bound by general words which, though large enough to include,... "
The Northeastern Reporter - Page 264
1904
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The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

Law reports, digests, etc - 1880 - 1042 pages
...to be within the contemplation of the contracting parties when the contract was made," in which case "they will not be held bound by general words which, though large enough to include it, were not used with reference to the possibility of the particular contingency which afterwards...
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Albany Law Journal, Volume 22

Law - 1880 - 554 pages
...the event is of such a character that it cannot be supposed to have been in the contemplation of tho contracting parties when the contract was made, they...general words which, though large enough to include, wero not used with reference to tho possibility of the particular contingency which afterward happens."...
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Reports of Cases Argued and Determined in the Court of Queen's Bench: And ...

Great Britain. Court of King's Bench, William Mawdesley Best, George James Philip Smith - Law reports, digests, etc - 1871 - 1138 pages
...promissor. But where the event is of such a character that it cannot reasonably be supposed to have been in the contemplation of the contracting parties when...happens. It is on this principle that the act of God is iu some cases said to excuse the breach of a contract. This is in fact an inaccurate expression, because,...
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A Selection of Legal Maxims: Classified and Illustrated

Herbert Broom - Legal maxims - 1874 - 880 pages
...promissor. But where the event is of such a character that it cannot reasonably be supposed to have been in the contemplation of the contracting parties when...particular contingency which afterwards happens." The plaintiff in the case above abstracted, was accordingly held to be one of a numerous class of persons...
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Principles of Contract at Law and in Equity: Being a Treatise on ..., Page 776

Frederick Pollock - Contracts - 1876 - 692 pages
...promisor. But where the event is of such a character that it cannot reasonably be supposed to have been in the contemplation of the contracting parties when...words which, though large enough to include, were not useJ with reference to the possibility of the particular contingency •which afterwards happens. It...
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Principles of Contract at Law and in Equity: Being a Treatise on ..., Page 776

Frederick Pollock - Contracts - 1876 - 694 pages
...be supposed to have been in the contemplation of the contracting parties when the contract was madt, they will not be held bound by general words which,...were not used with reference to the possibility of 1he particular contingency which afterwards happens. It is on this principle that the act of God is...
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Principles of Contract at Law and in Equity: Being a Treatise on ..., Page 776

Frederick Pollock - Contracts - 1878 - 734 pages
...promisor. But where the event is of such a diameter that it cannot reasonably be supposed to have been in the contemplation of the contracting parties when...particular contingency which afterwards happens. It it on this principle that the act of God is in (a) Reynard v. Arnold, 10 Ch. timeret, quamvis periculum...
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A Treatise on the Law of Merchant Shipping and Freight

James Thomas Foard - Freight and freightage - 1880 - 678 pages
...said — "Where the event is of such a character that it cannot reasonably be supposed to have been in the contemplation of the contracting parties when...particular contingency which afterwards happens." 3 It is on this principle that the "act of God" is in ,some cases said to excuse the breach of a contract....
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The Federal Reporter, Volume 269

Law reports, digests, etc - 1921 - 1056 pages
...supposed to have been in the contemplation of the contracting parties when the contract was made that they will not be held bound by general words, which,...possibility of the particular contingency" which afterwards happened. Chicago, etc., Ry. v. Hoyt, 149 US 14, 13 Sup. Ct. 779, 37 L. Ed. 625. Cf. Rowe v. Peabody,...
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The New York Supplement, Volume 92

Law reports, digests, etc - 1905 - 1190 pages
...that It cannot be reasonably supposed to have been In the contemplation of the contracting parties. they will not be held bound by general words which, though large enoneh to include, were manifestly not used with reference to, the possibility of the particular contingency...
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