The General Principles of the American Law of Contract; In the Form of Rules, for the Use of Students

The General Principles of the American Law of Contract; In the Form of Rules, for the Use of Students

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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. 1889 edition. Excerpt: ...not real. Mitchell v. McDougall, 62 Ill. 498. Allen v. Hart, 72 Ill. 104. Smith v. Richards, 13 Pet. 26. Baughman v. Gould, 45 Mich. 481. Wickham v. Grant, 28 Kan. 517. Mulvey v. King, 39 Ohio St. 491. Even assuming that moral fraud must be shown in order to set aside a contract, you have it where a man, having obtained a beneficial contract by a statement which he now knows to be false, insists upon keeping that contract. To do so is a moral delinquency; no man ought to seek to take advantage of his own false statements. Redgrave v. Hurd, 20 Ch. D. 1, 13. Newbigging v. Adam, 34 Ch. D. 582, 593. 3. Contracts of a fiduciary nature are said to be uberrimae fidei. Their characteristic is that the subject matter of the contract, or a material part of it, is within the peculiar knowledge of one of the parties, and the other must rely to a considerable extent upon the statements made by him. The contract of insurance is of this nature. The insurer trusts to the representations of the insured, and proceeds upon the understanding that he has been given all the data necessary to enable him properly to estimate the risk. Lycoming Ins. Co. v. Rubin, 79 Ill. 402, 403. Chicago &c. R. R. Co. v. Thompson, 19 Ill. 578, 589. It is not, however, the duty of the insured to give information to the insurer, on any fact which the latter may be presumed to know, unless inquired of; but any unusual practice or matter material to the risk must be communicated. Clark v. Ins. Co., 8 How. 235. 4. Full disclosure of material facts is required-in contracts between agent and principal, attorney and client, trustee and beneficiary, and the like, where special confidence is reposed. Casey v. Casey, 14 Ill. 112, 114. Ward v. Armstrong, 84 Ill. 151. Reed v. Peterson, ...show more

Product details

  • Paperback | 32 pages
  • 189 x 246 x 2mm | 77g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236827767
  • 9781236827760