Cases on Commercial Law: General Survey, Contracts, Agency, Bailments, Sales, Negotiable Paper, Partnerships, Corporations, Bankruptcy

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Alfred William Bays
Callaghan, 1923 - 1536 pagini

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Cuprins

B Minors as Parties
39
Who are minors 39 Power of minors to contract 40 Minors liability for necessaries 41 What are necessaries
40
a Kind of advantages that may constitute necessaries b Station in life as factor c Minor already supplied d Necessaries must be actually supplied
47
Disaffirmance of minors voidable contracts a Disaffirmance
52
b Ratification
58
Tortious liability of minors in cases involving contracts
62
Other Parties Under Disability 47 Married women 15 Insane persons 46 Drunken persons 47 Aliens
66
Corporations
69
CHAPTER 8
70
Preliminary announcements intended to secure offers distinguished from offers 53 Offer indefinite
71
Duration of offer 56 Termination of offer by rejection 57 Termination of offer by destruction of subject matter 58 Termination by death and insani...
76
Consideration may consist in promise or
83
What constitutes acceptance 62 Acceptance by promise or act 63 Communication of acceptance
85
Defendants contract wholly executory
105
Silence as acceptance
108
CHAPTER 9
116
CONTENTS XXV
117
a Fraud in the inducement or consideration 68 Fraud in the inducement defined 69 Express statements of fact as fraud 70 Opinions and predictions ...
130
Silence as fraud
131
Silence as fraudfacts not discoverable
140
Silence as fraudcontract one uberrimae fidei 75 Silence as fraudrelationships of trust and confidence
148
b Duress 77 Duress defined
149
c Undue influence 78 Undue influence definedits effect
156
d Disafirmance and ratification of contracts voidable for foregoing reasons 79 Conditions of disaffirmance
160
Ratification
161
CONTRACTS
165
Promise to perform unexecuted contract
169
The principal and agent as one person
187
Compromise of disputed claim
190
Usurious contracts
210
97 Contracts tending to corrupt the public service
217
Judicial Remedies in Illegal Agreements
225
General rule
228
Where statute allows recovery 107 Where contract partly legal partly illegal
232
Implied and apparent power of agent to bind principal
234
CHAPTER 12
235
Implied and apparent power to warrant
240
Certain kinds of contracts to be in writing C Contracts Not Enforcible Unless in Writing a Nature and object of statute of frauds 114 The statute of fr...
241
Promises of executors and administrators
247
Promises to answer for the debt default or miscarriage of another person 119 Promises in consideration of marriage
252
Contracts for the sale of lands or interest therein 121 Contracts that cannot be performed within a year 122 Contracts for the sale of goods wares and ...
256
What amounts to compliance with statute 123 The memorandum and the signature © 124 Compliance by delivery and acceptance in sales 125 Com...
260
The Parol Evidence Rule 128 The parol evidence rule defined 129 Parol evidence rule permits contract partly in writing partly oral
273
Bailees lien
294
The pledge
295
PART II
296
PART I
297
Common carrier defined
298
Common carriers duty of indiscriminate service
299
Common carriers duty to transport goods safely
300
Common carriers duty to transport without delay
301
Freight and demurrage
302
Documents of title defined
303
Assignability at common
304
Legislation upon documents of title
305
Bills and receipts negotiable and nonnegotiable
306
Legal meaning of negotiability as here applied
307
How negotiation of documents accomplished
308
Result of transfer of document to transfer title to goods
309
Warranties of transferor
310
PART III
311
Right of transferee of negotiable document against the issuer thereof
312
Sale in writing oral or implied
317
Formalities required in certain cases
318
Statute not applicable if price less than a certain amount
319
CHAPTER 19
328
DISCHARGE OF CONTRACTS
336
Meaning of phrase transfer of title
340
Goods unascertained
341
Goods ascertained
342
first rule
343
Second rule
344
Third rule
345
Fourth rule
346
Fifth rule
347
Reservation upon shipment of title in seller
348
349 Risk of loss
349
177 In general
353
Kinds of damages in contract cases
363
Contracts for sale of personal property
369
Enumeration of rights and remedies of unpaid seller
370
PART I
377
General rule
388
Authority of wife to bind husband
395
Express ratification
407
Writing and signature
409
CHAPTER 27
414
Agents right of compensation where he abandons serv
420
seoseoseoscascos
421
Agent cannot take secret profits and benefits
427
Liability of Agent to Principal for Default of Third
434
Del credere agencies
440
General rule
441
First exception to rule
466
Payment before maturity
472
CHAPTER 31
476
Illegality of consideration
478
A Liability of Agent in Contract
491
B Defenses Available Against Holder in Due CourseReal
495
When agent bound on sealed instruments by form
500
B Liability of Agent in Tort
508
Statute no defense where sufficient signed memorandum 323 What is contract of sale within the statute CHAPTER 41
514
By death of principal
524
SUBDIVISION I
531
CHAPTER 37
550
PART I
564
A Definitions and Distinctions 313 Definitions 314 Consideration called the price 315 Conditional sales defined 316 Sales distinguished from gifts
565
Parties to sales 325 Sales of future goods 326 Destruction or deterioration of the goods before making of contract 327 Destruction or deterioration ...
581
CHAPTER 42
584
Whether alleged oral warranty provable if sale in writ
586
B Implied Warranties 331 Doctrine of caveat emptor 332 Generally of the implied warranties 333 Implied warranties in express sales 334 The imp...
594
The implied warranties in a sale by description 336 The implied warranties in a sale by sample
595
Power to bind firm on negotiable paper
599
The implied warranty of fitness for purpose bought
603
Ratification
605
Warranties do not run with personal property 339 Right of remote purchaser to sue in tort
610
De facto corporations
656
Amendment of charter
657
First meetings and elections of directors and officers
658
Effect of retention by seller after sale 359 Conditional sales
659
Opening of corporate books and records
660
Implied authority of factor
661
Bulk sales acts
666
Factors acts 362 Chattel mortgages
667
CHAPTER 47
668
Liability of stockholders for payment of stock for bene
676
PART VI
680
267 Factors lien
681
RIGHT OF BUYER UPON NONPERFORMANCE
690
PART IV
704
Refiling
710
Refiling or removal
712
escorcos 391z Recovery of part payment
719
FORMATION OF CONTRACTS
739
PART I
751
EXECUTION AND DELIVERY
760
To Pay a Sum Certain in Money
776
Must be Payable on Demand or at a Fixed or Determin
785
The extent of the federal power constitutionality
794
E Must be Payable to Order or to Bearer
798
F Where the Instrument Is Addressed to a Drawee
805
Delivery essential
813
Corporations
816
Unincorporated companies
817
Partners and partnerships
818
Minors
819
Insane persons
820
CHAPTER 54
822
Voluntary bankruptcy
823
Involuntary bankruptcy
824
CHAPTER 56
831
NEGOTIATION A In General of Negotiation and Indorsement 449 Meaning of negotiation 450 Kinds of negotiation 451 How indorsement accom...
835
As to nature of property
839
personal privileges 841 Interests in patents patent rights copyrights and trade marks
841
Insurance policies
842
Special indorsement
843
Blank indorsement 458 Qualified indorsement 459 Restrictive indorsement 460 Conditional indorsement
844
Fraudulent conveyances 846 Property held by bankrupt claimed by third persons
846
Property held by third person belonging to bankrupt
847
CHAPTER 58
848
Burdensome property
849
To what liens trustees title is subject
850
1 In general
858
2 When demand paper overdue
859
3 Interest overdue installments overdue 4 Overdue paper sold in breach of trust
869
How payable G Composition with Creditors
870
Composition may be offered by bankrupt
871
Conditions of the composition
872
When composition set aside H Set Offs
873
Right to set
874
Indorsement requisite 468 Transferee of holder in due course as holder in
876
Personal incapacity of defendant
892
CHAPTER 60
901
CHAPTER 61
920
NOTICE OF DISHONOR
933
CHAPTER 63
948
course 469 Burden of proof as to whether one is holder in due course
951
GUARANTY AND SURETYSHIP
958
548559
966
CHAPTER 64
997
How partnership differs from corporation
1017
PART V
1021
Consideration
1026
NT OF FIRM
1028
Partners right to be active participator
1039
Liability of incoming partner
1079
a Where no judicial proceedings are in progress to distribute
1086
The limited partnership
1123
The Uniform Limited Partnership
1143
DEFINITION AND CLASSIFICATION
1147
Corporations defined
1148
Corporate entity not allowed to defeat responsibility
1160
Corporations distinguished from partnerships
1167
Promoters in position of trust
1181
Definition
1187
The certificate of stock 669 The legal nature of shares of stock
1203
MANNER AND EFFECT OF DISCHARGE
1204
CHAPTER 85
1210
CHAPTER 7
1222
Kinds of brokers
1227
TRANSFER OF STOCK
1241
714 Definition and kinds
1265
PART III
1272
Powers of Directors
1284
PART V
1289
Enforcibility of contracts ultra vires
1316
Power of corporation to acquire shares in other corpora
1326
BLUE SKY LEGISLATION
1355
BANKRUPTCY
1365
The courts that have bankruptcy jurisdiction
1374
The referee in bankruptcy
1382
Occupation considered as of what date
1389
A Introductory 825 In general 826 Insolvency defined 827 Within what time act of bankruptcy must be committed B The Particular Acts of Bankr...
1402
Fraudulent transfers 829 Preferential payments or transfers
1407
Preferences secured through legal proceedings as acts of bankruptcy 831 General assignment for benefit of creditors as acts of bankruptcy
1414
Admission of insolvency and consent to bankruptcy
1415
CHAPTER 107
1416
CHAPTER 108
1428
736 Execution of contracts by officers of the corporation
1470
In respect to whether due or not 853 In respect to whether owing before or after petition filed © 854 Claims based upon judgments 855 Fixed liabili...
1471
Unliquidated claims 1 When provable 860 Unliquidated claims 2 When not provable
1480
Fines B Proof and Allowance of Claims 862 How claims proved 863 Allowance of claims C Secured and Lien Claims
1481
In general 865 The standing of a secured creditor 866 Other lien claims
1482
Claims Having Priority 867 How a claim having priority differs from a secured claim © 868 What claims have priority E Claims of Preferred Credito...
1483
Preferred creditor must surrender preference
1486
Duties enumerated by the act 876 Questions which bankrupt must answer 877 Protection of bankrupt from arrest in civil cases 878 Detention of ba...
1495
CHAPTER 111
1499
B Debts Not Dischargeable 886 In general 887 General rule
1500
Debts not affected by discharge
1501
New promise to
1502
PARTIES TO CONTRACTS
1514

Termeni și expresii frecvente

Pasaje populare

Pagina 678 - Action for damages for non-acceptance of the goods. —(1) Where the buyer wrongfully neglects or refuses to accept and pay for the goods, the seller may maintain an action against him for damages for non-acceptance. (2) The measure of damages is the estimated loss directly and naturally resulting, in the ordinary course of events, from the buyer's breach of contract.
Pagina 983 - A bill of exchange is an unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time a sum certain in money to or to the order of a specified person, or to bearer.
Pagina 720 - Subject to the provisions of this Act and of any statute in that behalf, there is no implied warranty or condition as to the quality or fitness for any particular purpose of goods supplied under a contract of sale...
Pagina 580 - Any affirmation of fact or any promise by the seller relating to the goods is an express warranty if the natural tendency of such affirmation or promise is to induce the buyer to purchase the goods, and if the buyer purchases the goods relying thereon. No affirmation of the value of the goods, nor any statement purporting to be a statement of the seller's opinion only shall be construed as a warranty.
Pagina 988 - A promissory note is an unconditional promise in writing made by one person to another, signed by the maker, engaging to pay, on demand or at a fixed or determinable future time, a sum certain in money, to, or to the order of, a specified person, or to bearer.
Pagina 678 - Where there is an available market for the goods in question, the measure of damages is, in the absence of special circumstances, showing proximate damage of a greater amount, the difference between the contract price and the market or current price at the time or times when the goods ought to have been accepted. or, if no time was fixed for acceptance, then at the time of the refusal to accept.
Pagina 976 - And, in addition, he engages that on due presentment, it shall be accepted or paid, or both, as the case may be, according to its tenor, and that if it be dishonored, and the necessary proceedings on dishonor be duly taken, he will pay the amount thereof to the holder, or to any subsequent indorser who may be compelled to pay it.
Pagina 851 - That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.
Pagina 757 - An instrument to be negotiable must conform to the following requirements : — 1. It must be in writing and signed by the maker or drawer ; 2. Must contain an unconditional promise or order to pay a sum certain in money ; 3. Must be payable on demand, or at a fixed or determinable future time; 4. Must be payable to order or to bearer ; and, 5. Where the instrument is addressed to a drawee, he must be named or otherwise indicated therein with reasonable certainty.
Pagina 848 - To constitute notice of an infirmity in the instrument or defect in the title of the person negotiating the same, the person to whom it is negotiated must have had actual knowledge of the infirmity or defect, or knowledge of such facts that his action in taking the instrument amounted to bad faith.

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