Vietnam or Thailand ? Vote for the TOP Country of the Week !
Updated: May 8, 2025
The explanation has been offered of the English doctrine with regard to sales, that, when the title has passed, the purchaser has already had some benefit from the contract, and therefore cannot wholly replace the seller in statu quo, as must be done when a contract is rescinded. /3/ This reasoning seems doubtful, even to show that the contract is not voidable, but has no bearing on the argument that it is void.
Chopin concludes that a lease is only voidable in case of material defect, or nuisance, as of pestilential air, not in a case which, after all, is a mere vice d'esprit. Here Maitre Chopin sits down, with a wink at the court, and Nau pleads for the tenant. First, why abuse the judge at Tours? The lessors argued the case before him, and cannot blame him for credulity. Mr.
It may however be admitted to explain what is doubtful, or to supply some deficiency. To make a valid contract, the parties must be capable of contracting. They must be of sound mind. Hence idiots and lunatics are generally incompetent to make contracts. Contracts by lunatics and idiots are not necessarily void, but only voidable; the validity or invalidity depending upon facts to be proved.
It remains to consider successively the cases in which a contract is said to be void, and those in which it is said to be voidable, in which, that is, a contract fails to be made when it seems to have been, or, having been made, can be rescinded by one side or the other, and treated as if it had never been. I take up the former class of cases first.
If this view were adopted, there would not be a contract subject to a condition, there would be no contract at all. But in truth there is a contract, and there is not even a condition. As has been said already, it is not every repugnancy that makes a contract void, and it is not every failure in the terms of the counter undertaking that makes it voidable.
The theory propounded for their acceptance was that Katharine had been in actual fact the wife of Henry's brother; that this being so her marriage with Henry was contrary to the Law of God; and that by consequence the second contract was actually not only voidable but void, the dispensation being under those circumstances a dead letter.
But for absolute necessaries, if the drunkard consumes them during his drunkenness, or keeps them after becoming sober, he is liable. Intoxication only renders a contract voidable, not void, as the party intoxicated may adopt it on recovering his understanding. Another requisition to a valid contract, is the mutual assent of the parties.
But while the rite sets forth the great gospel truth of expiation, the Covenant moves within the region of law. It is made 'on the basis of all these words, and is voidable by disobedience. It is the Magna Charta of the nation, and its summing up is 'this do, and thou shalt live. Its promises are mainly of outward guardianship and national blessings.
It has been seen that the law does not go on any merely logical ground, and does not hold that every slight repugnancy will make a contract even voidable. But, on the other hand, when the repugnancy is between terms which are both essential, it is fatal to the very existence of the contract. How then do we decide whether a given term is essential?
If a man is induced to contract with another by a fraudulent representation of the latter that he is a great-grandson of Thomas Jefferson, I do not suppose that the contract would be voidable unless the contractee knew that, for special reasons, his lie would tend to bring the contract about.
Word Of The Day
Others Looking