The Science of Jurisprudence, Chiefly Intended for Indian Students

The Science of Jurisprudence, Chiefly Intended for Indian 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. 1899 edition. Excerpt: ...by reference to the cases which frequently arise when a contract has been made with a Railway Company for the safe carriage of the plaintiff, or of his luggage, or for the deposit or bailment of luggage in a cloak room. The law applicable to such cases is thus summed up by Mellish, L.J.: --' "If the person receiving the ticket did not see or know that there was any writing on the ticket, he is not bound by the conditions; if he knew there was writing, and knew or believed that the writing contained conditions, then he is bound by the conditions; if he knew there was writing on 1 Quoted by Lord Blackburn in Brogden v. Metropolitan Railway 00., L. R. 2 App. at p. 692; Holland's Jurisprudence, p. 223; Anson's Law of Uontraets, 4th ed., p. 16.-2 Anson's Law of Contracts, p. 18. the ticket, but did not know or believe that the writing contained conditions, nevertheless he would be bound, if the delivering to him of the ticket, in such a manner that he could see there was writing upon it, was, in the opinion of the Jury, reasonable notice that the writing contained conditions." 1 The first class of cases referred to may be further illustrated by.Henderson v. Stevenson,2 and the second by.Harrz's v. South Eastern Railway Compan_1/F" According to the Indian Contract Act, in so far as the proposal or acceptance of any promise is made in words, the promise is said to be express. If made otherwise than in words, the promise is said to be implz'cd. Thus an acceptance by "signs" by a dumb person would, under the Indian Law, only establish an implied promise, which is somewhat singular. The more correct use of the above classification of agreements into express and implied is to restrict the latter term to...show more

Product details

  • Paperback | 140 pages
  • 189 x 246 x 8mm | 263g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236903714
  • 9781236903716