Contracts Questions. Part 3
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This section is from the book "Popular Law Library Vol3 Contracts Agency", by Albert H. Putney. Also see: Popular Law-Dictionary.
Contracts Questions. Part 3
Page 115.
1. What is champerty?
2. What is maintenance?
3. What contracts are held illegal as tending to obstruct justice?
Pages 116-118.
1. What was the question of law involved in the case of Xickelson vs. Wilson?
2. How was this question decided?
Page 119.
1. What agreements are held illegal on account of involving immorality?
Pages 120-123.
1. What was the question of law involved in the case of Pearce vs. Brooks?
2. How was this question decided?
Page 124.
1. How does the law consider contracts in restraint of marriage?
2. Will a contract in restraint of a second marriage be upheld?
3. Is a contract between a husband and wife for a present separation valid?
4. Is such a contract for a future separation valid?
Page 125.
1. Will the courts enforce agreements partly legal and partly illegal?
2. Can there ever be any recovery under an illegal contract?
Chapter VII
Page 127.
1. Who may acquire rights or incur liabilities under a contract?
2. Can a contract confer rights on a person not a party to it?
Page 128.
1. What are the exceptions to this rule?
2. Can a contract impose liabilities on a person not a party to it?
3. What is a joint contract?
Page 129.
1. Against whom must a suit on a joint contract be brought?
2. What was the question of law involved in the case of Cowley vs. Patch? 2. How was this question decided?
Page 130.
1. What is a joint and several contract?
2. Against whom may a suit on a joint and several contract be brought?
Page 131.
1. What is the general rule as to the assignability of contracts?
Page 132. 1. What is the difference, if any, between the English and the American rule on this point?
Pages 133=5.
1. What was the question of law involved in the case of Smelting Co. vs. Belden Mining Co?
2. How was this question decided?
Chapter VIII
Page 137.
1. What is meant by the interpretation of contract?
2. What is meant by the construction of contracts?
3. What is the first principle of the construction of contracts?
Page 138.
1. What was the question of law involved in the case of Cramp, etc., Ship, etc., Bldg. Co. vs. Sloan?
2. How was this question decided?
Page 139.
1. How must the various parts of a contract be construed?
Page 140.
1. What presumption is made as to the validity of a contract?
2. What presumption is made as to the legality of a contract?
Page 141.
1. What are some of the other presumptions made in aid of the construction of a contract?
2. To what extent can parol evidence be introduced to explain the terms of a written instrument?
3. What meaning should be given to words and phrases?
Page 142.
1. What weight have punctuation marks in the construction of a contract?
2. What weight should be given to grammatical construction in determining the meaning of a contract?
3. How are contracts partly written and partly printed to be construed?
Chapter IX
Page 143.
1. What is meant by the discharge of a contract?
2. How may a contract be discharged by performance ?
Page 144.
1. What is the release of a contract?
2. What was the question of law involved in the case of Kidder vs. Kidder?
Page 145.
1. How was this question decided?
Page 146.
1. Can a contract under seal be released by parol?
2. How may a contract be discharged by a substituted agreement?
3. What is such an agreement called?
4. What is the effect of the repudiation of a contract by one of the parties thereto?
Pages 147-150.
1. What was the question of law involved in the case of Frost vs. Knight?
2. How was this question decided?
Page 151.
1. What is meant by accord and satisfaction?
Page 152.
1. In what different ways may a contract be discharged by operation of law?
2. What effect does the death of one of the parties to a contract have upon the contract?
3. What effect does the bankruptcy of one of the parties to a contract have upon the contract?
4. What is merger?
5. When does it take place?
Page 153.
1. When will a contract be discharged by the alteration of a written instrument?
2. What effect does a judgment on a contract have upon the contract?
3. What are statutes of limitations?
Chapter X
Page 155.
1. What is mistake?
2. What effect will it have on a contract?
Page 156.
1. What two kinds of mistakes are there?
2. Which kind of mistake can be set up as defense to a suit on a contract?
Page 157.
1. What is fraud?
2. What effect does it have on a contract?
Page 158.
1. What is duress?
2. What different kinds of duress are there?
Page 159.
1. What effect does duress have on a contract?
Page 160.
1. What is meant by undue influence?
2. Where can it be set up as a defense to a contract?
Chapter XI
Page 161.
1. What are conditional contracts?
2. What three kinds of conditions are there?
3. What is the difference between a condition and a subsidiary contract?
Pages 162-164.
1. What was the question of law involved in the case of Glaholm vs. Hayes?
2. How was this question decided?
Page 165.
1. What are conditions precedent?
2. What is the effect of a condition becoming impossible by fulfillment?
Page 166.
1. What are conditions concurrent?
2. What was the question of law involved in the case of Goodisson vs. Nunn?
3. How was this question decided?
Page 167.
1. What are conditions subsequent?
Page 168.
1. What was the early classification of contracts?
2. What is the most important modern classification?
Chapter XII
Page 169.
1. What is covered by the branch of the law named Sales?
2. What is covered by the branch of the law named
3. What is covered by the branch of the law named
4. What is covered by the branch of the law named
Partnership?
Page 170.
1. What is covered by the branch of the law named
Bills and Notes?
2. What is covered by the branch of the law named
Guaranty and Surety?
Page 171.
1. What is covered by the branch of the law named Insurance?
Chapter XIII
Page 173.
Page 175.
1. What is the theory upon which the doctrine of quasi contracts is based?
Page 178.
1. What are the principal classes of quasi contracts?
2. Can there be any recovery for voluntary or gratuitous services?
3. When can a person recover for services rendered to another without his request or consent?
Page 179.
1. What was the question of law involved in the case of Badgley vs. Heald?
Page 180.
1. How was this question decided?
Page 181.
1. What was the question of law involved in the case of Duncan vs. Baker?
2. How was this question decided?
3. When may a person be sued, in an action of quasi contract for money in hand and received by him?
Page 182.
1. When can a person recover back money which he has paid by mistake?
Pages 183-186.
1. What was the question of law involved in the case of Elloitt vs. Swartout?
2. How was this question decided?
Page 187.
1. Can money paid under duress be recovered back?
2. Can money paid under a mistake of law be recovered back?
Pages 187-195.
1. What was the question of law involved in the case of Clarke vs. Dutcher?
2. How was this question decided?
Page 196.
1. What is necessary in order to enable a person to sue for use and occupation?
Page 196.
1. Under what circumstances may an injured party waive a tort and sue in assumpsit?
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