The Elements of Jurisprudence |
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Common terms and phrases
acceptance according action actual agreement applied arise authority become body called cause CHAP character Civil claim Code Common Law contract course Court custom decision defined definition depends described distinction division droit duties effect enforced England English law exercise existence express fact force former French give given hand held human ideas important individual Inst instance interest International Jurisprudence jurist Justice kind land latter legislation liability limited Lord means merely mode moral nature necessary object obligation origin owner parties performance person position possession present principles question quod reason Recht recognised reference relations remedial respectively result Roman law rules says sense similar society sometimes sovereign statute Supra term theory thing tion Torts treated true usually VIII whole writers wrong
Popular passages
Page 216 - ... charge only) of any debt or other legal chose in action of which express notice in writing shall have been given to the debtor, trustee, or other person from whom the assignor would have been entitled to receive or claim such debt or chose in action, shall be, and be deemed to have been effectual in law [subject to all equities which would have been entitled to priority over the right of the assignee if this Act had not passed...
Page 71 - Equity is a roguish thing ; for law we have a measure, know what to trust to ; equity is according to the conscience of him that is Chancellor, and as that is larger or narrower, so is equity. 'Tis all one as if they should make the standard for the measure we call a foot...
Page 64 - IT were infinite for the law to consider the causes of causes, and their impulsions one of another; therefore it contenteth itself with the immediate cause, and judgeth of acts by that, without looking to any further degree.
Page 63 - ... sworn to determine, not according to his own private judgment, but according to the known laws and customs of the land; not delegated to pronounce a new law, but to maintain and expound the old one.
Page 85 - No contract for the sale of any goods, wares and merchandises, for the price of .£10 sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same...
Page 122 - That, at the determination of the period limited by this act to any person for making an entry or distress, or bringing any writ of quare impedit, or other action or suit, the right and title of such person to the land, rent, or advowson, for the recovery whereof such entry, distress, action, or suit respectively, might have been made or brought within such period, shall be extinguished.
Page 218 - ... when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Page 257 - Practice" in its larger sense — the sense in which it was obviously used in that Act, like ' ' procedure ' ' which is used in the Judicature Acts, denotes the mode of proceeding by which a legal right is enforced, as distinguished from the law which gives or defines the right, and which by means of the proceeding the Court is to administer the machinery as distinguished from its product.
Page 76 - Adam's children, being not presently as soon as born under this law of reason, were not presently free; for law, in its true notion, is not so much the limitation as the direction of a free and intelligent agent to his proper interest, and prescribes no further than is for the general good of those under that law.
Page 38 - Commentaries remarks, that this law of Nature being coeval with mankind, and dictated by God himself, is of course superior in obligation to any other. It is binding over all the globe, in all countries and at all times; no human laws are of any validity if contrary to this, and such of them as are valid, derive all their force, and all their validity, and all their authority, mediately and immediately, from this original...
Bibliographic information
| Title | The Elements of Jurisprudence |
| Author | Thomas Erskine Holland |
| Edition | 9, reprint |
| Publisher | H. Frowde, 1900 |
| Length | 430 pages |
| Export Citation | BiBTeX EndNote RefMan |