| New York (State). Commissioners of the Code, New York (State). - Civil law - 1865 - 896 pages
...be given in no other cases than those specified iu this Part of the CIVIL CODE, Sfeeoflnfor- S I831- Whenever, by the terms of an obligation, a party thereto...grossly negligent, willful or fraudulent breach of duty, Spaulding v. Hallenbeck, 39 Barb., 78 ; Clute v. Robison, 2 Johns., 595, 614; Davis v. West, 12 Va^... | |
| California, California. Commission to Revise the Laws of California - California - 1871 - 894 pages
...of the CIVIL CODE. NYCC, Sec. 1830. SEC. 3275. Whenever, by the terms of an obligation, Reiiefmcaae a party thereto incurs a forfeiture, or a loss in...other party, except in case of a grossly negligent, wilful or fraudulent breach of duty. - ", . i . , of forfeiture. Though this doctrine, especially as... | |
| California - Civil law - 1876 - 612 pages
...terms of an obligation, a party thereto incurs a forfeiture, or a loss in the nature of a forfeitare, by reason of his failure to comply with its provisions,...other party, except in case of a grossly negligent, wilful. or frandulent breach of duty. TITLE II. COMPENSATORY RELIEF. CHAPTER L DAMAGES IN GENERAL.... | |
| California - Civil law - 1876 - 626 pages
...party thereto incurs a forfeiture, or a loss in the nature of a forfeiture, by reason of his fa!lure to comply with its provisions, he may be relieved...other party, except in case of a grossly negligent, wilful, or fraudulent breach of duty. TITLE II. COMPENSATORY RELIEF. CHAPTER L DAMAGES IN GENERAL.... | |
| Law reports, digests, etc - 1911 - 1168 pages
...occasioned by a breach of the strict terms of the contract. Section 3275 of the Civil Code provides: "Whenever, by the terms of an obligation, a party...negligent, willful, or fraudulent breach of duty." The assurances and representations •For other cases see same topic and section NUMPKR in Dec. Dig.... | |
| Law reports, digests, etc - 1913 - 1236 pages
...obligation, a party thereto incurs a forfeiture, or a loss in the nature of a forfeiture, by reason of may be relieved therefrom, upon making full compensation...negligent, willful or fraudulent breach of duty." By Its terms It applies to those cases In which a plaintiff has Incurred a forfeiture of payments already... | |
| New York (State). - Civil law - 1885 - 422 pages
...of the CIVIL CODE. Relief in § 2901. Whenever, by the terms of an obligation, a party feiture. OT" thereto incurs a forfeiture, or a loss in the nature...• negligent, willful or fraudulent breach of duty. TITLE II. COMPENSATORY RELIEF. CHAPTER I. Damages in general. II. Measure of damages. CHAPTER I. DAMAGES... | |
| California - California - 1886 - 758 pages
...obligation a party thereto incurs a forfeiture, or a loss in the nature of a forfeiture, by reason of hia failure to comply with its provisions, he may be relieved...negligent, willful, or fraudulent breach of duty: Civ. Code, sec. 3275. Relief of a tenant from forfeiture of a lease: Sec. 1179. Liquidated damages.—... | |
| James Henry Deering - Law reports, digests, etc - 1895 - 1114 pages
...for relief from a forfeiture incurred by the terms of an obligation upon making full compensation, " except in case of a grossly negligent, willful, or fraudulent breach of duty," applies to forfeiture for breach of condition subséquent in deeds, the compensation therein provided... | |
| California, James Henry Deering - Civil procedure - 1897 - 1066 pages
...Vessels, steamers, and boats, actions against: Sec. 813. Waste, reference to: Sec. 732. Forfeiture.— Whenever by the terms of an obligation a party thereto...negligent, willful, or fraudulent breach of duty: Civ. Code, sec. 3275. Relief of a tenant from forfeiture of a lease: Sec. 1179. Liquidated damages.—... | |
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