The essentials of business law

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Appleton, 1902 - 285 páginas
 

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CHAPTER II
10
Survivorship at common law
11
Merchants courts
12
Judges and juries of merchants courts
13
Modern ignorance of the ancient law merchant
14
Fragments of the law merchant in sea codes
15
Difficulty in applying this law of nature
16
Merchants courts in America
17
The law merchant in commonlaw courts Second stage in its development
18
Parliament backs the merchants
19
Lord Mansfields methods
20
Fourth stage in the development of the law merchant
21
Four meanings of law merchant
22
The Common Law 30 Various significations of the term
23
The second signification modified in many States
24
Common law as the law of certain courts
25
Origin of the common law
26
Recorded precedents
28
Getting rid of inequitable precedents
29
Legislative correction of precedents
30
Flexibility of the common law
31
CHAPTER III
33
Obligations which are not true contracts
34
Contract may be made by acts
35
Intention to contract
36
Offer must be definite
37
Definiteness of promise
38
Acceptance must be absolute and unqualified
39
Right to withdraw offer
40
The lapsing of an offer
41
Communication of offer
42
Communication of acceptance
43
Necessity of consideration
44
A deed
45
What constitutes a seal
46
i Delivery upon condition
47
c Estoppel by deed
48
Limitations of actions
49
Definition of the term
50
Forbearance of a legal right
51
Artificiality of this doctrine
52
Evils resulting from the statute
53
Sections IV and XVII
54
Contracts are not void which fail to comply with the statute
55
The statute as a nuisance
56
Persons engaged in business are generally capable of con tracting
57
Commonlaw incapacity of married women
58
Incapacity of infants
59
The legal force of infants contracts
60
What are necessaries 1
61
Ratification of contracts by infants
62
Limitations upon the infants right to repudiate
63
Right to repudiate is personal to the infant
64
The English rule American modifications
65
Illegal Agreements 101 Illegal promises not enforceable by the law and hence not contracts
66
Other instances of illegal contracts
67
Rule laid down by House of Lords and Supreme Court
68
Public policy an unruly horse
69
Stifling competition and monopolizing trade
70
Mistake by one party to the contract
71
Mistake due to the act of a third party
72
Mistake as to the identity of the subjectmatter
73
Misrepresentation may be made a term of the contract
74
Practical wisdom of this rule
75
Fraud involves the idea of active misconduct
76
Acts may speak louder than words
77
Misstatement of fact not of opinion
78
False statement need not be the sole inducement
79
Disaffirmance must be made promptly
80
Duress by threats of injury to person or property
81
Duress by threats of imprisonment
82
Undue influence defined
83
Rights of the victim of undue influence
84
Substitution of third parties may be provided for in the con tract
85
Interference by outsiders with the obligations of contract
86
Rights of third persons under a contract
87
Assignment of Contract 139 Liabilities under a contract not assignable
88
Notice of assignment should be given
89
Assignment by operation of law
90
Discharge of Contract 144 Executory contracts may be discharged by mutual consent
91
Discharge by substitution of new contract Novation
92
Discharge by performance
93
Legaltender money of the United States
94
When does a breach by one party discharge the other?
95
Breach of a vital or fundamental term
96
Effect of repudiation of contract by one party before per formance by him is due
97
CHAPTER IV
99
Agency by operation of law
101
Legal capacity of principal and of agent
102
Master and servant
103
Attorney at law and attorney in fact
104
Auctioneers
106
Bank cashiers
107
Factor or commission merchant
108
Ships husbands and masters of ships
109
Notice of termination
111
Principals Liability for Agents Acts 172 His contract liability
112
The principals liability in tort
113
Acts done outside the scope of apparent authority
114
Liability for agents wilful or malicious acts
116
Distinction between agent or servant and independent con tractor
117
In case of an undisclosed principal
118
The agents liability upon contracts improperly executed
119
The Agents Rights Against Third Persons 185 In case of contracts
120
Duties of the Principal and Agent toward Each Other 187 Duties of the principal toward the agent
121
BAILMENTS INCLUDING THE OBLIGATIONS OF POSTMAS
123
Must exercise extraordinary care
129
Pawnbrokers
135
Treatment of sick guests
140
Excuses for refusing to carry
150
Exceptions to the rule of liability
151
When the carriers liability begins
152
Termination of carriers liability
153
Modification of carriers liability by contract
154
Reasonable and fair regulations
155
Statutory modifications of carriers commonlaw liability
156
Lien of common carriers
157
Common Carriers of Passengers 234 Duty to receive passengers
158
Care of passengers
159
Accommodations for passengers
160
Limitation of carriers liability by contract
161
Carriers liability for passengers baggage
162
Fault of the passenger
163
Telegraph and Telephone Companies 242 Not common carriers
164
Liability may be limited or enlarged by contract
165
To whom the company is liable
166
BANKRUPTCY AND INSOLVENCY PAGE 246 The severity of early bankruptcy laws
167
The rigor of early law has been softened
168
Bankruptcy legislation in the United States
169
State bankruptcy laws are now suspended
170
Who may be declared bankrupt
171
Courts referees trustees
172
Discharge of a bankrupt
173
CHAPTER VII
174
Origin of insurance
175
The earliest form of insurance
176
Fire and life insurance
177
Representations and nondisclosure by the insured
178
Foregoing doctrine modified in life and fire insurance
179
Waiver and estoppel
180
Insurers rights under principle of indemnity
181
The principle of indemnity and life insurance
182
Various forms of life insurance
183
The cost of accident insurance
184
Agents of insurer
185
CHAPTER VIII
186
Why foreign bills of exchange were used
187
Inland bills of exchange
188
Later forms of negotiable paper
189
Formal requisites of negotiable paper 0
190
An unconditional order or promise
191
Payable to order or bearer
192
Liability of the Different Parties to Negotiable Paper 287 Liability of acceptor
193
Liability of the maker of a promissory note
194
Certified checks
195
Liability of indorser
196
Accommodation parties
197
Delivery necessary to the validity of negotiable paper
198
Time of presentment
199
Reasonable hour
200
Protest of negotiable paper
201
Different significations of protest
202
Notice of dishonor
203
Why notice of dishonor is required
204
Where notice by mail should be sent
205
A holder in due course or bona fide
206
Paper payable on demand
207
For value
208
Taking without notice
209
Real or absolute defenses
210
Fraud in securing the signature
211
CHAPTER IX
212
Specific intent to form a partnership is not necessary
213
Carrying on business together a It must be lawful
214
b Meaning of business
215
d Sharing the profits of a business
216
Partnership Property 329 It starts with the firms capital
217
Partnership real estate
218
Firm creditors and separate creditors
219
The Powers of Partners 335 A majority rules
220
The agency of a partner
221
Liability for the misconduct of a partner
222
4 The Dissolution of Partnership 340 By operation of law
223
By act of the parties
224
Order of distribution
225
PART II
226
How limited partnerships are formed
227
JointStock Companies 349 Are partnerships with peculiar features
228
Statutory jointstock companies
229
Liability of stockholders
230
Transferability of stock
231
The power of stockholders
232
Dissolution of corporations
233
CHAPTER X
234
Two forms of realty
235
Two forms of personalty
236
Personalty may become realty
237
b Title by prescription and possession
238
Property acquired upon anothers death a By will
239
Who may make a will
240
Acquiring property from a living owner a With his express consent
241
6 With the implied consent of former owner
242
Title from living owner without his consent
243
b Warranty deed
244
Wives should sign deeds and mortgages
245
Abstract of title
246
CHAPTER XI
247
Definition of sale
248
Quasisale
249
What contracts are within the statute?
250
The memorandum
251
Part payment
252
When Title Passes 393 In case of bargain and sale
253
The doctrine of potential existence
254
The intention of the parties a If expressed
255
Rule First A present sale of existing goods is presumed
256
Rule Fourth Subsequent appropriation of the goods to the contract
257
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Página 105 - Attorney for me and in my name, place and stead to (227), giving and granting unto my said Attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully, to all intents and purposes, as I might or could do if personally present...
Página 54 - ... unless the agreement, upon which such action shall be brought or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Página 69 - It must not be forgotten that you are not to extend arbitrarily those rules which say that a given contract is void as being against public policy, because if there is one thing which more than another public policy requires it is that men of full age and competent understanding shall have the utmost liberty of contracting, and that their contracts, when entered into freely and voluntarily, shall be held sacred, and shall be enforced by courts of justice.
Página 52 - Majesty with excellent science, and great endowments of nature; but his Majesty was not learned in the laws of his realm of England, and causes which concern the life, or inheritance, or goods or fortunes of his subjects, are not to be decided by natural reason, but by the artificial reason and judgment of the law, which law is an art which requires long study and experience before that a man can attain to the cognizance of it...
Página 54 - ... or any interest in or concerning them; or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith...
Página 50 - A valuable consideration in the sense of the law may consist either in some right, interest, profit, or benefit accruing to the one party, or some forbearance, detriment, loss, or responsibility given, suffered, or undertaken by the other.
Página 54 - No action shall be brought whereby to charge any executor or administrator, upon any special promise, to answer damages out of his own estate; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Página 68 - ... (2) They tend to deprive the public of the services of men in the employments and capacities in which they may be most useful to the community as well as themselves.
Página 55 - ... the buyer shall accept part of the goods or choses in action so contracted to be sold or sold, and actually receive the same, or give something in earnest to bind the contract, or in part payment, or unless some note or memorandum in writing of the contract or sale be signed by the party to be charged or his agent in that behalf.
Página 151 - But to prevent litigation, collusion, and the necessity of going into circumstances impossible to be unravelled, the law presumes against the carrier unless he shows it was done by the King's enemies or by such act as could not happen by the intervention of man, as storms, lightning, and tempests.

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