 The distinction is very clear, where mutual covenants go to the whole of the consideration on both sides, they are mutual conditions, the one precedent to the other. But where they go only to a part, where a breach may be paid for in damages, there the...  A Treatise on the Law of Merchant Shipping - Seite 440von David Maclachlan - 1860 - 867 SeitenVollansicht - Über dieses Buch
 | Great Britain. Courts - 1873 - 648 Seiten
...W. Bl. 1314,n. í; 1H.B1. 254-273, n. a) where his Lordship said, " The distinction is very clear ; where mutual covenants go to the whole of the consideration...conditions, the one precedent to the other ; but where they go only to a, pari, and where a breach may be paid for in damages, then the defendant has a remedy... | |
 | Great Britain. Courts - 1911 - 656 Seiten
...unseaworthiness of the ship at the material time. In Boons v. Eyre (1 H. Bl. 273) Lord Mansfield said: " When mutual covenants go to the whole of the consideration on both sides, they are mutual considerations, the one precedent to the other. But where they go only to a part, where a breach may... | |
 | Victoria. Supreme Court - 1882 - 1038 Seiten
...trade, that is an answer to an BUZOIJCH ac^on f°r breach of a covenant to serve: Ellen v. Topp (e)Where mutual covenants go to the whole of the consideration on both sides (as they do in this case), they are mutual conditions: Campbell v. Jones (/). [WILLIAMS, J. London... | |
 | Mississippi. Supreme Court, Thomas Alexander Marshall, William C. Smedes, Volney Erskine Howard, Robert John Walker, John Franklin Cushman, James Zachariah George - 1834 - 632 Seiten
...rule was laid down by Lord Mansfield in Boone v. Eyre, that where mutual covenants go to the w hole of the consideration on both sides, they are mutual...breach of it, but it is not a condition precedent. That was a case where the plaintiff had conveyed to the defendant, a plantation in the West Indies,... | |
 | Alabama. Supreme Court - 1903 - 852 Seiten
...any sense conditions precedent The rule seems to be well settled that where covenants go to the whole consideration on both sides, they are mutual conditions, the one precedent to the other, but where the conditions go only to a jmrt, they are independent covenants. Addison on Contracts, p. 191 ; 2 Parsons... | |
 | 1925 - 1054 Seiten
...Lord Mansfield covered the subject in this classic decision, viz.: "The distinction is very clear, where mutual covenants go to the whole of the consideration...conditions, the one precedent to the other. But where tbey go only to a part, where a breach may be paid for in damages, there the defendant has a remedy... | |
 | 1927 - 1052 Seiten
...distinction is very clear: Where mutual covenants go to the whole consideration on both sides, there they are mutual conditions, the one precedent to the other; but where they go only to a part, where a breach may be paid for in damages, there the defendant has a remedy... | |
 | Wolfgang Kircher - 1998 - 332 Seiten
...S. 17 mit Verweis auf Boone v Eyre [1779] l HB 273 N = 126 ER 160, Court of Common Pleas: „[...] where mutual covenants go to the whole of the consideration...mutual conditions, the one precedent to the other". Die Nähe der beiden Bedeutungsvarianten des Begriffs „condition" zueinander wird auch deutlich bei... | |
 | New South Wales. Supreme Court - 1893 - 1134 Seiten
...laid down with great accuracy by Lord Ellenborougk in the case of Ritchie v. Atkinson (2) to be this, "that where mutual covenants go to the whole of the...breach of it, but it is not a condition precedent." That principle is laid down and enforced by a number of authorities referred in the notes to 1 Wms.... | |
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