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" ... where a contract is made with reference to certain anticipated circumstances, and where, without any default of either party, it becomes wholly inapplicable to or impossible of application to any such circumstances, it ceases to have any application;... "
Reports of Cases Decided by the English Courts: With Notes and References to ... - Page 278
by Nathaniel Cleveland Moak - 1878
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Volume 55

Illinois. Supreme Court - Law reports, digests, etc - 1872 - 634 pages
...literal compliance with the said provisions of the policy concerning buckets, was not required and could not have been in the contemplation of the parties when the policy was made, but all that was required by the plaintiff in order to comply with such stipulation...
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The Fire Underwriters' Text-book

Jeremiah Griswold - Fire insurance - 1872 - 850 pages
...by natural meaning an usual and probable consequence — and such as it is reasonable to believe was in the contemplation of the parties when the contract was made, such as damage by water in extinguishing a fire ; willful or careless destruction of property by firemen...
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The Law Reports: Court of Common Pleas, Volume 8

Great Britain. Court of Common Pleas - Law reports, digests, etc - 1873 - 770 pages
...such circumstances, it ceases to have any application ; it cannot be applied to other circumstances which could not have been in the contemplation of...of things arising under a charterparty such as the eharterparty under discussion, where no benefit of any kind has accrued to the charterer, the ship-owner...
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The Indian Contract Act, No. IX of 1872: Together with an Introduction and ...

India - Contracts - 1878 - 710 pages
...such circumstances, it ceases to have any application ; it cannot be applied to other circumstances which could not have been in the contemplation of the parties when the contract was made " (a). On the same principle, contracts for personal service dependent on personal capacity, — as...
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The Central Law Journal, Volume 86

Law - 1918 - 502 pages
...such circumstances, it ceases to have any application, it cannot be applied to other circumstances which could not have been in the contemplation of the parties when the contract was made." The Allen case supra says: "If these words of Brett J. are applied in their widest extent they may...
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A Treatise on the Law of Fire Insurance, Adapted to the Present ..., Volume 1

Horace Gay Wood - Fire insurance - 1878 - 974 pages
...literal compliance with the said provisions of the policy concerning buckets, was not required and could not have been in the contemplation of the parties when the policy was made, but all that was required by the plaintiff in order to comply with such stipulation...
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The Federal Reporter, Volume 138

Law reports, digests, etc - 1905 - 1104 pages
...llbelants did not constitute the measure of damages recoverable by them for breach of the charter, since It could not have been In the contemplation of the parties when the charter was made, but that the measure of damages was the market value in Baltimore of the 90,000 feet...
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The Canadian Law Times, Volume 28

Law - 1908 - 1082 pages
...are the natural and proximate 'result of the company's default, and may be fairly considered to have been in the contemplation of the parties when the contract was made. The damages must be the natural and direct result of the breach, and such as flow therefrom by ordinary...
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The Ontario Reports: Containing Reports of Cases Decided in the ..., Volume 1

Ontario. High Court of Justice - Law reports, digests, etc - 1882 - 710 pages
...opinion entitled to any damages in respect of the fall in the market price of the wheat ; for that could not have been in the contemplation of the parties when the contract was made, nor can it be said to have been in any way the natural result of the defendant's breach of contract....
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The Lancaster Law Review, Volume 27

Law - 1910 - 450 pages
...the direct and proximate consequence of the breach, and so connected with the stipulation as to have been in the contemplation of the parties when the contract was made : Adams Express Company vs. Egbert, 36 Pa., 360; Billmeyer vs. Wagner, 91 Pa., 92; that "damages for...
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