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Cases on Quasi-Contracts

Cases on Quasi-Contracts


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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: 7. Actions ex contractu and ex delicto. Personal actions, at common law, were classified as ex contractu and ex delicto. The terminology suggests the distinction. It has survived the abolition of forms of action and the creation of the formless action. The difference is in the substance of rights. In practice and procedure the distinction is recognized. A body of substantive law is based upon it) and statutes are enacted and constitutions are adopted in recognition of the distinction as something fundamental. 8. Actions ex contractu?Debt, covenant and detinue. The principal contract actions were debt, covenant and detinue. The actions of account and scire facias9 may be passed without specific consideration. The action of debt lay for the recovery of a sum certain owing, in other words a debt as such: It somewhat suggested a real action, an action to recover some certain thing.10 procedural pigeon-hole contains its own rales of substantive law, and it is with great caution that we may argue from what is found in one to what will probably be found in another; each has its own precedents. It is quite possible that a litigant will find that his case will fit some two or three of these pigeon-holes. If that be so he will have a choice, which will often be a choice between the old, cumbrous, costly, on the one hand, the modern, rapid, cheap, on the other. Or again he may make a bad choice, fail in his action, and take such comfort as he can from the hints of the judges that another form of action might have been more successful. The plaintiff's choice is irrevocable; he must play the rules of the game that he has chosen. Lastly he may find that, plausible as his case may seem, it just will not fit any one of the receptacles provided by the courts and he may take to ...


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Product Details
  • ISBN-13: 9780217315944
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 188
  • Spine Width: 10 mm
  • Width: 189 mm
  • ISBN-10: 0217315941
  • Publisher Date: 12 Oct 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 345 gr


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