Search Results for: consideration

Not susceptible of division or apportioument; inseparable; en INDIVISUM 619 INDUBITABLE PROOF tire. Thus, a contract, covenant, consideration, etc., may be divisible or indivisible;

That which may be disproved or rebutted; not shutting out furtherproof or consideration. Applied to evidence and presumptions.

In all things; on all points. “A case parallel in omnibus.” 10 Mod. 104.In omnibus contractibus, sive nomi- natis sive innominatis, permutatio con- tinetur.In all contracts, whether nominate or innominate, an exchange [of value, i. c., aconsideration] is implied. Gravin. lib. 2,

In a court of equity, as distinguished from a court of law; in thepurview, consideration, or contemplation of equity; according to the doctrines of equity.

In consideration of the premises. 1 Strange, 535.In consimili casu, consimile debet esse remedium. Hardr. 05. In similar cases theremedy should be similar.

A judgment, decree, rule, Injunction, etc., when given or renderedwithout adequate consideration by the court, or without proper information as toall the circumstances affecting it, or based upon a mistaken assumption or misleadinginformation or advice, is sometimes said to have been “improvidently” given or issued.

An impossible contract is one which the law will not holdbinding upon the parties, because of the natural or legal impossibility of the performanceby one party of that which is the consideration for the promise of the other. 7 Wait, Act & Def. 124.Impossible contracts, which will be deemed TOid in the eye of the… Continue Reading IMPOSSIBLE CONTRACTS

These are facts that are not relevant or essential to the issues that are under consideration.

The want or absence of knowledge.Ignorance of law is want of knowledge or acquaintance with the laws of the land inso far as they apply to the act, relation, duty, or matter under consideration. Ignoranceof fact is want of knowledge of some fact or facts constituting or relating to the subjectmatterin hand. Marshall v. Coleman,… Continue Reading IGNORANCE

The same for the same. An illustration of a kind that really adds no additional element to the consideration of the question.Idem semper antecedent! proximo refertur. Co. Litt. G85. ÒThe sameÓ is always referred to its next antecedent