 | Crime and criminals - 1792 - 566 pages
...within feme definition of fraud ; the rule mud be drawn fo as not to affcfl the general tranfa&ions of mankind. His Honour has referred a great number of accounts to the Matter. If the account in the prefent cafe is neceffary to lead to the judgment, the latter fhould... | |
 | Samuel Vallis Bone - Conveyancing - 1840 - 420 pages
...B., of which he knew B. was ignorant, should enter into a contract to purchase the estate of B. for the price of the estate without considering the mine,...not to affect the general transactions of mankind. See also Huguenin v. Baseley (14 Ves. J.), where all the cases on the subject were cited by the late... | |
 | Commercial law - 1847 - 554 pages
...the contract is binding. " The Court will not correct a contract merely because a man of nice honor would not have entered into it ; it must fall within...not to affect the general transactions of mankind." This illustration is referred to with approbation by Lord Eldon, in the case of Turner rs. Harvey,... | |
 | Joseph Story - Equity - 1853 - 890 pages
...nice honor would not have entered into it. The case must fall within some definition of fraud ; and the rule must be drawn, so as not to affect the general transactions of mankind.' And this, in effect, is the conclusion to which Pothier arrived, after a good deal of struggle, in... | |
 | William Bainbridge - Mining law - 1856 - 774 pages
...field." St. Matt. xiii. 44. it must arise from some obligation to make the discovery. The Court would not correct a contract, merely because a man of nice...not to affect the general transactions of mankind (a). In such cases, therefore, a purchaser may preserve silence, and content himself with simply expressing... | |
 | William Bell - Law - 1861 - 888 pages
...advantage should be taken, but it must arise from some obligation in the party to work the discover}-. The Court will not correct a contract merely, because...not to affect the general transactions of mankind." A general rule is, that he who bargains in a matter of advantage with a person placing confidence in... | |
 | Joseph Story - Equity - 1866 - 860 pages
...nice honor would not have entered into it. Tho case must fall within some definition of fraud ; and the rule must be drawn, so as not to affect the general transactions of mankind.2 And this, in effect, is the conclusion to which Pothier arrived, after a good deal of struggle,... | |
 | Law reports, digests, etc - 1903 - 1112 pages
...party to make the discovery. The court will not correct a contract merely because a man of nice honor would not have entered into it. It must fall within...not to affect the general transactions of mankind." The case made by the petition in hand does not fall within any definition of fraud. The purchaser owed... | |
 | Encyclopedias and dictionaries - 1890 - 1208 pages
...contract, to make the discovery The court will not correct a contract merely because a man of nice honor would not have entered into it; it must fall within...not to affect the general transactions of mankind." Neither will the commendations usually bestowed on their commodities by tradesmen be regarded as fraudulent... | |
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It is therefore essentially necessary, in order to set aside the transaction, not only that a great advantage should be taken, but it must arise from some obligation in the party to make the discovery. The Court will not correct a contract, merely because... 
