The principle seems to us to be that in contracts in which the performance depends on the continued existence of a given person or thing, a condition is implied, that the impossibility arising from the perishing of the person or thing shall excuse the... The Canadian Law Times - 第 363 頁1901完整檢視 - 關於此書
| New Jersey. Supreme Court - 1917 - 840 頁
...APPELLANT. Submitted December 2, 1915 — Decided June 6, 1916. 1. When the performance of a contract depends on the continued existence of a given person or thing, a condition is implied that impossibility of performance arising from the perishing of the person or thing shall excuse the performance.... | |
| Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1899 - 814 頁
...holding concerts. The hall was burned, and both parties were held discharged. Blackburn, J., said: ' ' The principle seems to us to be that, in contracts in which performance depends on the continued existence of a given person or thing, a condition is implied that... | |
| 1863 - 620 頁
...shows that the same nilc had been already adopted by the English law as early as the Book of Assizes. The principle seems to us to be, that, in contracts in which tho performance depends on the continued existence of a given person "r thing, the impossibility of... | |
| 1863 - 804 頁
...— Liabilities of the parties in case of performance becoming 'inipossible. In contracts in irJticJi the performance depends on the continued existence of a given person- or thiny, a condition is implied that tlie impossibility nf performance arisi/ty from the perishing of... | |
| Judah Philip Benjamin - 1868 - 748 頁
...the case of Rugg v. Minet." 3 After some further illustrations, the rule was laid down as follows : " The principle seems to us to be that in contracts...thing, a condition is implied, that the impossibility arising from the perishing of the person or thing shall excuse the performance." This case was followed... | |
| India, Charles Colin Macrae - 1874 - 274 頁
...impossible from the perishing of the thing without the default of the contractor." Such condition is implied in contracts in which the performance depends on the continued existence of a given person or thing, because from the nature of the contract it is apparent that the parties contracted on the basis of... | |
| Herbert Broom - 1874 - 880 頁
...contract." Judgin. , Baily v. De Crespigny, LR 4 QB 185; citing per Muule, performance of a contract depends on the continued existence of a given person or thing, a condition may be implied that the impossibility arising from the perishing of the person or thing shall excuse... | |
| 1898 - 562 頁
...impossibility inherited in the nature of the thins to be performed, upon which Blackburn, J., said: "The principle seems to us to be that, in contracts in which performance depends on tbe continued existence of a given person or thing, a condition is implied that... | |
| 1907 - 2136 頁
...Smith, 826, says : " 'In contracts in which the performance depends on the continued exist' •<•• of a given person or thing, a condition is implied that the impossibility of •rfi> nuance arising from the perishing of the person or thing shall excuse tie performance.' " And,... | |
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