Commentaries on the laws of England. [Another], Volume 3T. Cadell and J. Butterworth, 1825 |
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Page 156
... assumpsit , which is not brought to compel a specific performance of the contract , but to recover damages for it's non - performance , the implied assumpsit , and consequently the damages for the breach of it , are in their na- ture ...
... assumpsit , which is not brought to compel a specific performance of the contract , but to recover damages for it's non - performance , the implied assumpsit , and consequently the damages for the breach of it , are in their na- ture ...
Page 157
... assump- sit or undertaking of the defendant ; the failure of performing which is the wrong or injury done to the ... assumpsit ; and shall recover a pecuniary satisfaction for the injury sustained by such delay . ( 11 ) So also in ...
... assump- sit or undertaking of the defendant ; the failure of performing which is the wrong or injury done to the ... assumpsit ; and shall recover a pecuniary satisfaction for the injury sustained by such delay . ( 11 ) So also in ...
Page 159
... assumpsit is void . FROM these express contracts the transition is easy to those that are only implied by law . Which are such as reason and justice dictate , and which , therefore , the law presumes that every man has contracted to ...
... assumpsit is void . FROM these express contracts the transition is easy to those that are only implied by law . Which are such as reason and justice dictate , and which , therefore , the law presumes that every man has contracted to ...
Page 162
... assumpsit ; where- in he is at liberty to suggest that I promised to pay him so much as he reasonably deserved , and then to aver that his [ 163 ] trouble was really worth such a particular sum , which the defendant has omitted to pay ...
... assumpsit ; where- in he is at liberty to suggest that I promised to pay him so much as he reasonably deserved , and then to aver that his [ 163 ] trouble was really worth such a particular sum , which the defendant has omitted to pay ...
Page 163
... assumpsit on a quantum meruit . 2. THERE is also an implied assumpsit on a quantum vale- bat , which is very similar to the former , being only where one takes up goods or wares of a tradesman , without expressly agreeing for the price ...
... assumpsit on a quantum meruit . 2. THERE is also an implied assumpsit on a quantum vale- bat , which is very similar to the former , being only where one takes up goods or wares of a tradesman , without expressly agreeing for the price ...
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Common terms and phrases
action of debt action of trespass advowson antient appear assise assumpsit award bail bishop breach brought called capias cause chancery chattels civil cognizance committed common law common pleas contract court of chancery court of equity court of king's courts of common covenant crown damages declaration defendant defendant's deforcement determined detinue disseisin distreined distress ecclesiastical Eliz evidence fact Finch freehold granted habeas corpus hath heir Ibid injury Inst issue judges judgment jurisdiction jurors jury justice king king's bench lands Litt lord matter nature nisi prius nusance oath original writ ouster owner person plaintiff plead possession proceedings real actions recover redress remedy rent replevin seised seisin sheriff shew sir Edward Coke species statute sued suit tenant term tion trespass trial unless verdict Westm whereby wherein writ of error writ of right wrong
Popular passages
Page 31 - And Moses chose able men out of all Israel, and made them heads over the people, rulers of thousands, rulers of hundreds, rulers of fifties, and rulers of tens. And they judged the people at all seasons: the hard causes they brought unto Moses, but every small matter they judged themselves.
Page 119 - And these may be reduced to three principal or primary articles ; the right of personal security, the right of personal liberty and the right of private property...
Page 371 - ... the trial by jury ever has been, and I trust ever will be, looked upon as the glory of the English law. And if it has so great an advantage over others in regulating civil property, how much must that advantage be heightened when it is applied to criminal cases...
Page 300 - And if there be two or more plaintiffs or defendants, and one or more of them shall die, if the cause of action shall survive to the surviving plaintiff or plaintiffs, or against the surviving defendant or defendants...
Page 340 - Then shall an oath of the LORD be between them both, that he hath not put his hand unto his neighbour's goods; and the owner of it shall accept thereof, and he shall not make it good.
Page 130 - ... by a fiat from the chief justice or any other of the judges, and running into all parts of the king's dominions: for the king is at all times entitled to have an account, why the liberty of any of his subjects is restrained, 11 wherever that restraint may be inflicted.
Page 29 - ... whose honorarium was directed by a decree of the senate not to exceed in any case ten thousand sesterces, or about 80/. of English money.' And, in [ 29 ] order to encourage due freedom of speech in the lawful defence of their clients, and at the same time to give a check to the unseemly licentiousness of prostitute and illiberal men, (a few of whom may sometimes insinuate themselves even into the most...