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. 1880 Excerpt: ...is upon an executed consideration that it is necessary to allege a request in terms.4 1 Victors v. Davies, 12 M. & W. 758, Cas. on Contr. 430. 2 1 Smith's Lead. Cas. (1st ed.) 70. » Leake, Contr. (2d ed.) 77. King v. Sears, 2 C. M. & R. 48, Cas. on Contr. 403, 405, per Parke, B. 98. As the fiction of a promise implied by law from an executed consideration was invented merely to render the action of assumpsit a more extensive and available remedy, it follows that such promises can have no existence in places where the action of assumpsit has been abolished, and hence in such places the phrase "executed or past consideration" has ceased to have any legal meaning. DEBT. 99. The original and normal mode of creating a debt was by a loan of money. In that transaction, therefore, the true nature of a debt must be sought. The subject of a loan may be either a specific thing, as a horse, or a given quantity of a thing which consists in number, weight, or measure, as money, sugar, or wine. In the former case, it is of the essence of the transaction that the thing lent continue to belong to the lender; otherwise the transaction is not a loan. In the latter case, the thing lent may (and commonly does) cease to belong to the lender, and become the property of the borrower, such a loan commonly being an absolute transfer of title in the thing lent from the lender to the borrower. The reason why such a transfer of title takes place is obvious. The object of borrowing is to have the use of the thing borrowed; but the use of things which consist in number, weight, or measure commonly consumes them; and this use, of course, the borrower cannot have unless he owns the things used. When such things are lent, therefore, it is presumed to be the intention ...

Summary of the Law of Contracts

Langdell, C. C.

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Fred B Rothman & Co

This is a pre-1923 historical reproduction that was curated for quality. Quality assurance was conducted on each of these books in an attempt to remove books with imperfections introduced by the digitization process. Though we have made best efforts - the books may have occasional errors that do not impede the reading experience. We believe this work is culturally important and have elected to bring the book back into print as part of our continuing commitment to the preservation of printed works worldwide.

A Brief Survey of Equity Jurisdiction; Being a Series of Articles Reprinted from the Harvard Law REV

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A brief survey of equity jurisdiction; being a series of articles reprinted from the Harvard law rev

A summary of the law of contracts

A Summary of the Law of Contracts

<p>The first casebook, Harvard Law School, 1871. Originally published: Boston: Little Brown &amp; Co., 1871. xvi, 1022 pp. The landmark work that introduced the revolutionary idea of the case system to legal education, which Langdell instituted in his position as Dean at Harvard law School. A response to the European educational practice of the expository textbook as the basis of study, Langdell invented herein the use of original authorities to teach legal principles in his classes at Harvard. He posted lists of leading cases on the bulletin boards or announced them in class beforehand. The students prepared for class by going to the library, taking down the reports, and studying them. The process was both injurious to the library collection and inconvenient for the students. It was very soon apparent to Langdell that having done away with the traditional textbook, the law library was not a satisfactory alternative. No library had, or could afford, the number of duplicate volumes of the court reports that were required so that all students could have easy and equal access to the cases. Langdell s solution was the casebook. This innovation in legal education publishing led to the proliferation of casebooks that continue today.</p>

A Selection of Cases on the Law of Contracts with References and Citations

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