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The General Principles of the Law of Contract

The General Principles of the Law of Contract


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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1902 edition. Excerpt: ... 454. an independent undertaking, notwithstanding the continuance of the original liability, and need not be in writing.'" If the original debtor's liability continues after the promise is made, the promise must be in writing, even though a new and independent consideration is received by the promisor for the undertaking,"8 unless the circumstances are such as thereby to bring the promisor under an independent duty of payment, irrespective of the liability of the principal debtor?" 9 288. Contracts of indemnity. The promise mentioned by the statute of frauds must be distinguished from a contract of indemnity, or promise to save another harmless from the results of a transaction into which he enters at the instance of the promisor. This form of contract is not within the statute, and hence need not be in writing."" l'Io'ever, the fact that the word "indemnity" is used is not con!rollin;_r. If the promise to indemnify is in fact a promise to pay the debt of another, it is within the statute.' 8' The question whether a promise to lll(l('llllllf_' a man for beeoining bail or surety for a third person is Within the statute is a subject of conflicting (incisions. The weight of authority seems to be that it is not;'82 but there are respectable cases holding the contrary.'83 If the promisor and the promisee are both sureties for the third person, however, it is generally held that the promise of indemnity is not within the statute.18' XI. SAME---AGREEMENI' IN CONEHDERATION or MARRIAGE. The statute applies to an agreement made upon consideration of marriage. This clause refers to a promise to make a payment of money or a settlement of property in...


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Product Details
  • ISBN-13: 9781236998934
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 350
  • Spine Width: 19 mm
  • Width: 189 mm
  • ISBN-10: 1236998936
  • Publisher Date: 13 Sep 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 626 gr


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