The History of the Doctrine of Consideration in English Law; (Being the Yorke Prize Essay for the Year 1891)
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Home > Law > Jurisprudence and general issues > The History of the Doctrine of Consideration in English Law; (Being the Yorke Prize Essay for the Year 1891)
The History of the Doctrine of Consideration in English Law; (Being the Yorke Prize Essay for the Year 1891)

The History of the Doctrine of Consideration in English Law; (Being the Yorke Prize Essay for the Year 1891)


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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. 1892 Excerpt: ...it, though there be no consideration of worldly profit that the grantor hath had or intended to have for it." But then he adds the casuistical distinction, that the promisor must have intended to be bound by his promise, otherwise it will not bind his conscience, even though it were made "with cause." 1 Second Dialogue, caps. 23 and 24. Hereupon the common lawyer points out the superiority of the common law, which recognizes that it is impossible for a human tribunal to judge of "the intent inward of the heart," and, according to learned authorities, rules thus--" If he to whom a promise is made have a charge by reason of the promise, which he hath also performed, then in that case he shall have an action for that thing that was promised, though he that made the promise have no worldly profit by it And likewise, if a man say to another, marry my daughter and I will give thee twenty pounds; upon this promise an action lieth if he marry his daughter. And in this case he cannot discharge the promise though he thought not to be bound thereby; for it is a good contract, and he may have quid pro quo, that is to say, the preferment of his daughter for his money." And he goes on to say that the law of England takes no notice of cause, and that a man would no more be bound by promises to an university or a church, than to a common person. Then the divine raises another interesting point. "But what hold they if a promise be made for a thing past, as I promise thee xl. lib. for that thou hast builded me such a house, lieth an action there?" The common lawyer answers in the negative. Then the canonist suggests the case of an agreement to compromise a tort by payment of a fixed sum for damages, reminding his interlocutor that...


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Product Details
  • ISBN-13: 9781236446824
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 70
  • Spine Width: 4 mm
  • Width: 189 mm
  • ISBN-10: 1236446828
  • Publisher Date: 01 May 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 141 gr


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The History of the Doctrine of Consideration in English Law; (Being the Yorke Prize Essay for the Year 1891)
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The History of the Doctrine of Consideration in English Law; (Being the Yorke Prize Essay for the Year 1891)
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