A History of English Law, Volume 8Methuen & Company, 1925 - Law |
Contents
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Common terms and phrases
acceptor action of debt Admiralty S.S. bank bankrupt bearer Bensa bill of exchange bottomry Brissaud cause charter cited clause clear commercial common law common law courts conspiracy contract creditor crime criminal custom damage debtor decision defamation defendant discharge doctrine of consideration drawer effect enforce England English law fact held Holt House of Lords Ibid idea indebitatus assumpsit indorsement instruments joint stock company later Law Merchant lawyers Lex Mercatoria liability libel loan Lord Lord Mansfield malicious Malynes master medieval ment mercantile merchants modern law negligence negotiable negotiable instrument obligation offence owner paid parties payable payee payment performance period person plaintiff principle promise to pay quasi-contract Raym reason recognized remedy rule Salk says seen Select Pleas servant seventeenth century ship sixteenth century Star Chamber statute tion tort trade trespass usury valid void Welwod words
Popular passages
Page 282 - And it is agreed by us the insurers that this writing or policy of assurance shall be of as much force and effect as the surest writing or policy of assurance heretofore made in Lombard Street or in the Royal Exchange or elsewhere in London.
Page 461 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally — ie, according to the usual course of things, from such breach of contract itself...
Page 469 - We think that the true rule of law is that the person who, for his own purposes, brings on his land and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril ; and if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.
Page 378 - A conspiracy, it is said,f consists not merely in the intention of two or more, but in the agreement of two or more, to do an unlawful act or to do a lawful act by unlawful means.
Page 367 - In actions of libel and slander the plaintiff shall be at liberty to aver that the words or matter complained of were used in a defamatory sense, specifying such defamatory sense without any prefatory averment to show how such words or matter were used in that sense, and such averment shall be put in issue by the denial of the alleged libel or slander ; and where the words or matter set forth, with or without the alleged meaning, show a cause of action, the declaration shall be sufficient.
Page 26 - Where a man is under a moral obligation, which no court of law or equity can enforce, and promises, the honesty and rectitude of the thing is a consideration.
Page 451 - The law charges this person thus intrusted to carry goods, against all events, but acts of God, and of the enemies of the King. For though the force be never so great, as if an irresistible multitude of people should rob him, nevertheless he is chargeable. And this is a politic establishment, contrived by the policy of the law, for the safety of all persons, the necessity of whose affairs oblige them to trust these sorts of persons, that they may be safe in their ways of dealing...
Page 478 - If the owner of the carriage is therefore responsible for the sufficiency of his carriage to his servant, he is responsible for the negligence of his coach-maker, or his harnessmaker, or his coachman. The footman, therefore, who rides behind the carriage, may have an action against his master for a defect in the...
Page 95 - This kind of equitable action, to recover back money, which ought not in justice to be kept, is very beneficial, and therefore much encouraged. It lies only for money which, ex cequo el bono, the defendant ought to refund...
Page 356 - CJ, said, that the special damage must be the legal and natural consequence of the words spoken, otherwise it did not sustain the declaration: and here it was an illegal consequence: a mere wrongful act of the master; for which the defendant was no more answerable than if, in consequence of the words, other persons had afterwards assembled, and seized the plaintiff, and thrown him into a horse pond by way of punishment for his supposed transgression.