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Author: John Skirving Ewart
Publisher: Cambridge, [Mass.] : Harvard University Press
ISBN:
Category : Discharge of contracts
Languages : en
Pages : 338
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Author: John Skirving Ewart
Publisher: Cambridge, [Mass.] : Harvard University Press
ISBN:
Category : Discharge of contracts
Languages : en
Pages : 338
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Book Description
Author: John Skirving Ewart
Publisher:
ISBN:
Category : Discharge of contracts
Languages : en
Pages : 608
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Author: Ewart John S.
Publisher:
ISBN: 9780243824250
Category :
Languages : en
Pages :
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Author: John S. Ewart
Publisher:
ISBN: 9780674336186
Category : Law
Languages : en
Pages : 0
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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. 1917 Excerpt: ... word were substituted for the vagueness associated with "waiver," the English Privy Council could hardly have made such misapplication of Lord Justice Bowen's dictum as to have decided the case of The City of Toronto v. Russell1 as it did. Vendor And Purchaser Of Real Estate. Is not an instance of " waiver " to be found in a case in which a vendor of real estate delivers his abstract after the period prescribed by the contract, and the purchaser receives it and returns requisitions? Has not the purchaser "waived" the time limit?2 No: the case is one of election. When the time elapsed, the purchaser had the right to elect (as in so many other cases) whether he would, or would not, proceed with the purchase--the vendor was offering to proceed and the purchaser could agree or decline. If he elected to stop, we would not say that he had " waived " his right to proceed; and when he elects to proceed, why should we say that he "waived" his right to stop? He "waived "--he threw away or relinquished--as truly in one case as in the other. He had a right of election between two positions, and he chose one. He did not "waive" or relinquish the other. He never had it. He had a choice, and he did not " waive" that. He exercised it. The case is precisely similar, in principle, to that which arises in the case of a contract which permits a vendor to rescind it rather than answer questions of a certain character. When the questions are put, he may elect what he will do. And it is said that if the vendors once elect to answer the objections, they are forever thereafter precluded from exercising the option given to them... to rescind the contract. 1 1908, A. C. 493; 78 L. J., P. C. 1; 99 L. T. 7...
Author: John S Ewart
Publisher: Legare Street Press
ISBN: 9781019867358
Category :
Languages : en
Pages : 0
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In this gripping legal thriller, attorney John S. Ewart takes readers on a journey through the justice system as one man fights to clear his name. With twists and turns at every corner, the story of the Waiver case will keep readers on the edge of their seats. But more than just a thrilling read, this book provides valuable insights into the workings of our legal system and the importance of fighting for justice. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Author: John S. Ewart
Publisher:
ISBN:
Category :
Languages : en
Pages : 312
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Author: JOHN S. EWART
Publisher: Forgotten Books
ISBN: 9780265809440
Category :
Languages : en
Pages : 0
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Book Description
Excerpt from Waiver Distributed: Among the Departments Election, Estoppel, Contract, Release Holding to the word, says Jhering, is one of the phe nomena by which an immature mental development is universally characterized. And so it is in law. The history of law might write over its first chapter the motto In the beginning was the word.' T 0 all uncultured peoples the word, both the written word and the word solemnly spoken, appears something mysterious. Naive belief ascribes to it supernatural force. To the old Romans the word is a force. It binds and looses, and it has the power, if not to move mountains, yet certainly to transport fruits to another's field, yes even to draw gods from heaven and to cause them to abandon a besieged city. The attempts to identify law with morals and reliance upon ethical principles rather than upon legal rules, which go by the name of equity or natural law, deliver legal systems for a time from this tyranny of the word and lead to critical diļ¬erentiation of substance and form, spirit and letter. But the reign of words does not come to an end. When men come to rely upon reason rather than upon arbitrary form to keep down the personal element in the administration of justice, reason has to work with words. Judges and jurists seek to measure conduct by maxims, to put each cause by a logical process into the pigeonhole of the appropriate legal category or to deduce the appropriate solution from a given conception. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: John Skirving Ewart
Publisher:
ISBN: 9781298254146
Category :
Languages : en
Pages : 328
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Book Description
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Author: John Skirving EWART
Publisher:
ISBN:
Category :
Languages : en
Pages : 304
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Book Description
Author: Ewart
Publisher:
ISBN:
Category :
Languages : en
Pages :
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