The Doctrine of Public Policy in the Law of Contracts; Reduced to Rules

The Doctrine of Public Policy in the Law of Contracts; Reduced to Rules

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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. 1886 edition. Excerpt: ...Agreement savoring of Champertg/.--The principle was applied in a Vermont case where it was held that an agreement between an individual and a town, by which the former was to support a pauper and the latter was to bring suit against another town, and if the suit Went in the plaintiffs favor, he was to have the sum recovered paid to him; but if it went against it, he was to have a reasonable compensation, to be determined by arbitration," was so far void that the town could 110t secure anything of the other town. Agreements not Champertous.---An agreement to do certain things for a son if the latter will sue out a commission of lunacy against the prornisor's brother is not void, as being champertous nor as a fraud on the lunacy laws.3, Neither is an agreement between an attorney and judgment creditor that the latter may sell the property of the debtor levied upon, at his own risk, and appropriate the proceeds to the satisfaction of the execution to his own use, void.' Bringing Suits under Uhampertous Agreement not Actionable.--So long as a. suit is not brought maliciously and without probable cause, the defendant therein can make no complaint that the same is brought by counsel under a champertous agreement, and have action against him for the wrong. S0 if the defendant be victorious, he cannot recover his judgment f01' costs against the plaintiff's attorneyfi Doctrine qf Uhamperty, where not recognized.---In many States the doctrines are not recognized. It is there argued that thecauses which gave rise to the law do not here exist; that they arose from causes peculiar to the state of society in which they vere established; that the great reason for the suppression of the practices was the apprehension that justice...show more

Product details

  • Paperback | 360 pages
  • 189 x 246 x 19mm | 644g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236852621
  • 9781236852625