Indisputability Disputed; A Review of the Professions and Practices of Certain Modern Life Offices, by a Templar
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Indisputability Disputed; A Review of the Professions and Practices of Certain Modern Life Offices, by a Templar

Indisputability Disputed; A Review of the Professions and Practices of Certain Modern Life Offices, by a Templar


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About the Book

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1852 Excerpt: ... true, the policy must be something else (less or more) than a contract. But do not be alarmed, gentle reader, as though I were about to reduce this discussion to a mere frivolous verbal criticism, or were minded to avoid a substantial grappling with the question before us. You shall soon be satisfied on that head. But the remarks just made are pertinent to the purpose we have in hand, though they show only, that to the ends of the earth and to the end of the world, all contracts must be open to controversy, and liable to cavil and dispute; and therefore the term "indisputable," though clearly admissible (as I shall show) when used with qualification, is, when used in an absolute and unexceptive manner, inappropriate, and, strictly speaking, untrue. I go on now to a more momentous part of the inquiry, and without exception or reservation, hesitation or scruple, I boldly affirm that no contract can be framed, under any system of jurisprudence known to mankind, which shall, under all circumstances, by mere force of its terms, be rendered indisputable, unimpeachable, unchallengeable, or indefeasible. And both the truth and reason of this become apparent on a moment's reflection; for it is obvious, that the substance of a contract is in the mind and intention of the contracting parties, and the recitals, the provisions, and the covenants of the document in which it finds expression, are but so many evidences of that intention. Hence bona fides or honest purpose is the very foundation of all contracts, in the absence of which, on either side, there is no real contract, however various or minute the stipulations of the deed to which the parties affix signature and seal, or however stringent and unexceptive its covenants. "Fraud," says one of the greatest of Englis...


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Product Details
  • ISBN-13: 9781154446272
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 22
  • Spine Width: 1 mm
  • Width: 189 mm
  • ISBN-10: 1154446271
  • Publisher Date: 06 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 59 gr


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Indisputability Disputed; A Review of the Professions and Practices of Certain Modern Life Offices, by a Templar
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