These authorities seem to support the proposition, which appears on principle to be very reasonable, that, where a contract is made with reference to certain anticipated circumstances, and where, without any default of either party, it becomes wholly... The Law Reports: Court of Common Pleas - Page 581by Great Britain. Court of Common Pleas - 1873Full view - About this book
| Illinois. Supreme Court - Law reports, digests, etc - 1872 - 634 pages
...literal compliance with the said provisions of the policy concerning buckets, was not required and could not have been in the contemplation of the parties when the policy was made, but all that was required by the plaintiff in order to comply with such stipulation... | |
| Jeremiah Griswold - Fire insurance - 1872 - 850 pages
...by natural meaning an usual and probable consequence — and such as it is reasonable to believe was in the contemplation of the parties when the contract was made, such as damage by water in extinguishing a fire ; willful or careless destruction of property by firemen... | |
| India - Contracts - 1878 - 710 pages
...referred to in the last note, where, after a review of the authorities, the judgment proceeds : — " These authorities seem to support the proposition,...contemplation of the parties when the contract was made " (a). On the same principle, contracts for personal service dependent on personal capacity, — as... | |
| Law - 1918 - 502 pages
...certain anticipated circumstances, and where without any default of cither party, it becomes wholly impossible of application to any such circumstances,...contemplation of the parties when the contract was made." The Allen case supra says: "If these words of Brett J. are applied in their widest extent they may... | |
| Nathaniel Cleveland Moak - Law reports, digests, etc - 1878 - 940 pages
...sucli circumstances it ceases to have any application ; it cannot be applied to other circumstance which could not have been in the contemplation of...of things arising under a charterparty such as the charterparty under discussion, where no benefit of any kind has accrued to the charterer, the ship... | |
| Horace Gay Wood - Fire insurance - 1878 - 974 pages
...literal compliance with the said provisions of the policy concerning buckets, was not required and could not have been in the contemplation of the parties when the policy was made, but all that was required by the plaintiff in order to comply with such stipulation... | |
| Law reports, digests, etc - 1905 - 1104 pages
...llbelants did not constitute the measure of damages recoverable by them for breach of the charter, since It could not have been In the contemplation of the parties when the charter was made, but that the measure of damages was the market value in Baltimore of the 90,000 feet... | |
| Nathaniel Cleveland Moak - Law reports, digests, etc - 1880 - 914 pages
...existence at the time of the execution of the lease, was novel and extraordinary in its character, and could not have been in the contemplation of the parties when the covenant was made: Love v. Howard, 6 KI, 116. Where a covenant was contained in a lease, on the part... | |
| Law - 1908 - 1082 pages
...are the natural and proximate 'result of the company's default, and may be fairly considered to have been in the contemplation of the parties when the contract was made. The damages must be the natural and direct result of the breach, and such as flow therefrom by ordinary... | |
| Ontario. High Court of Justice - Law reports, digests, etc - 1882 - 710 pages
...opinion entitled to any damages in respect of the fall in the market price of the wheat ; for that could not have been in the contemplation of the parties when the contract was made, nor can it be said to have been in any way the natural result of the defendant's breach of contract.... | |
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