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Updated: May 8, 2025
Yet those bargains would not be void. At the most, they would only be voidable, if the buyer chose to throw them up. The distinctions of the law are founded on experience, not on logic. It therefore does not make the dealings of men dependent on a mathematical accuracy.
There is another ground for holding the charter-party void and no contract, instead of regarding it as only voidable, which is equally against authority, which nevertheless I have never been able to answer wholly to my satisfaction.
If marriage were really placed on the basis of a contract, not only would that contract be voidable at the will of the two parties concerned, without any question of delinquency coming into the question, but those parties would at the outset themselves determine the conditions regulating the contract. But nothing could be more unlike our actual marriage.
No provision was made, as in most treaties, for its abrogation, and the American government could not terminate it without the consent of Great Britain for fear that she would return to her position of vantage at the time the treaty was made. For this reason, while Mr. Frelinghuysen claimed that the treaty was voidable, he did not actually declare it void. Mr.
I suppose the contract would be binding if the statements touching the contents were honest, and voidable if they were fraudulent. Fraudulent representations outside a contract can never, it would seem, go to anything except the motives for making it. If outside the contract, they cannot often affect its interpretation.
"Here have you, Master Varney, secured a good freehold estate out of this old superstitious foundation; and I have but a poor lease of this mansion under you, voidable at your honour's pleasure." "Ay, and thou wouldst fain convert thy leasehold into a copyhold the thing may chance to happen, Anthony Foster, if thou dost good service for it.
Either there is no second party, or the two parties say different things, or essential terms seemingly consistent are really inconsistent as used. When a contract is said to be voidable, it is assumed that a contract has been made, but that it is subject to being unmade at the election of one party.
But when we treat marriage as all contract, and nothing but contract, we have to realize that we have set up a very peculiar form of contract, not voidable, like other contracts, by the agreement of the parties to it, but dissoluble as a sort of punishment of delinquency rather than by the voluntary annulment of a bond.
Here it plainly appears that the buyer knows exactly what he is going to get, and therefore that the mistake of color has no bearing on the bargain. /1/ If, on the other hand, a contract contained a representation which was fraudulent, and which misled the party to whom it was made, the contract would be voidable on the same principles as if the representation had been made beforehand.
But if he is indebted to only a small amount in proportion to the value of his property, and wholly unembarrassed, the gift is not rendered voidable by his indebtedness, even though he should afterwards become insolvent. Bailment. The word bailment is from bail, French, to deliver.
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