Author: Atwell Campbell McIntosh

Publisher: Forgotten Books

Published: 2015-06-16

Total Pages: 737

ISBN-13: 9781330126332

Excerpt from Selected Cases on the Law of Contracts: With Annotations To present any subject of the law by means of cases, is only to follow out the idea of Lord Coke, that "the reporting of particular cases is the most perspicuous course of teaching the right rule and reason of law"; but in studying the law by such cases, the caution of Lord Mansfield is to be observed, that "the law does not consist of particular cases, but of general principles, which are illustrated and explained by those cases." This book has been prepared for the purpose of presenting the general principles of the Law of Contracts, by the study of selected cases, which illustrate and explain different parts of that subject. The cases selected, with one exception, have been taken from the decisions of the Supreme Court of North Carolina. This course has its disadvantage, no doubt, in that perhaps a greater variety of fact and discussion might have been obtained by taking other American or English cases, but it has its advantage, in that it gives a connected view of the whole subject in one jurisdiction. It is not intended to give the law of one jurisdiction exclusively, for it will be found that the principles of the Law of Contract are the same in all the States which have adopted the common law, and even the statutory changes are similar in many respects. While the student is learning the general law of the subject, he is, at the same time, becoming thoroughly familiar with the decisions of his own State, or of a court which has always met with the highest consideration. This court has been in existence for a century, and almost every important question in the Law of Contracts has come before it in some form for discussion. Its judges have been men of approved learning and ability. Its views have always been conservative; and perhaps in no other State have the principles of the common law been more closely observed. There has been no attempt at originality of arrangement, in a subject which has been often discussed; but the cases have been selected to illustrate the general subjects usually presented in the leading text-books on contracts, and frequent references to authorities are given in the notes. The Contracts of Married Women and of Corporations, especially Municipal Corporations in North Carolina, are explained somewhat in detail, while the subjects of Bailment, Sales, Agency and Quasi Contracts are treated only in connection with other forms of contract. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.