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 2641904Full view - About this book
| 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... | |
| 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."... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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.... | |
| 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,... | |
| 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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