The Law of Contracts Volume 2

The Law of Contracts Volume 2

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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. 1920 edition. Excerpt: ...other party to have the contract dissolved. But the obvious harshness of applying 52 Larombiere, III. 92; Aubry-Rau, IV. 302, 83, and note 82; Demolombe, II. 497; Cass. 30 Apr. 1878, Jl. du Pal. 1879, 493; Cass. 14 April, 1891, Jl. du Pal. 1894, 1, 391. In the case last cited the defendant, the lessee of a vineyard, was prevented from carrying out the stipulations of the lease by an invasion of phylloxera. The lessor was held entitled to have the lease d1ssolved. "Larombiere, III. 93. "Larombiere, III. 102; Cass. 8 Jan. 1850, Jl. du Pal. 1850, 2, 100. In this case the plaintiff, the owner of mining rights, had entered into a con tract with the defendant, by which the defendant was given the right to carry on mining operations but agreed among other things not to do so before being authorized by the prefect--this authorization being essential by law. The plaintiff, among other things, agreed to take the steps necessary to secure the authorization. He subsequently refused to do so, and the defendant thereupon began to mine. It was held that the plaintiff was entitled to have the contract dissolved, but without prejudice to the defendant's claim for damages. the rule universally has led to exceptions, the extent of which has not been and perhaps from the nature of the case cannot be very exactly defined, though some definition has been attempted. On the one hand it has been/said that non-performance of a stipulation which is purely accessory and independent of the principal contract cannot afford ground for dissolution, such non-performance being sufficiently made good by damages.55 Also if the infraction is of a purely negative stipulation the judge will weigh the gravity of the breach, and if not of serious importance will...
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Product details

  • Paperback | 504 pages
  • 189 x 246 x 26mm | 889g
  • Miami Fl, United States
  • English
  • Illustrations, black and white
  • 1236553373
  • 9781236553379