Leading Cases in the Commercial Law of England And Scotland : Selected And Arranged in Systematic Order, With Notes
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In our eReader you can find the full English version of the book. Read Leading Cases in the Commercial Law of England And Scotland : Selected And Arranged in Systematic Order, With Notes Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book Leading Cases in the Commercial Law of England And Scotland : Selected And Arranged in Systematic Order, With Notes
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The plaintiff is entitled to recover the money paid for the shares, the consideration for the payment having totally failed. No contract can arise upon a mere fraud ; and the trans- action upon which the shares were purchased, is shown by the evidence to have been a fraud ah initio. Then it cannot be said that the plaintiff, by his subsequent proceedings, has adopted the contract : for there never CONTRACT OP SALE. 301 was any contract in existence. But, supposing the plaintiff had adopted a co...ntract, he was entitled to repudiate it on discovering a fraud of which he was hefore ignorant. Any act of the plaintiff, which is relied upon as showing a waiver of his objection to the fraud, must he shown to have been performed by him after full knowledge of that fraud.
LiTTLEDALE, J. — It seems to me that this nonsuit was right. No doubt there was, at the first, a gross fraud on the plaintiff. But after he had learned that an imposition had been practised on him, he ought to have made his stand.
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To quickly assess the difficulty of the text, read a short excerpt:
The plaintiff is entitled to recover the money paid for the shares, the consideration for the payment having totally failed. No contract can arise upon a mere fraud ; and the trans- action upon which the shares were purchased, is shown by the evidence to have been a fraud ah initio. Then it cannot be said that the plaintiff, by his subsequent proceedings, has adopted the contract : for there never CONTRACT OP SALE. 301 was any contract in existence. But, supposing the plaintiff had adopted a co...ntract, he was entitled to repudiate it on discovering a fraud of which he was hefore ignorant. Any act of the plaintiff, which is relied upon as showing a waiver of his objection to the fraud, must he shown to have been performed by him after full knowledge of that fraud.
LiTTLEDALE, J. — It seems to me that this nonsuit was right. No doubt there was, at the first, a gross fraud on the plaintiff. But after he had learned that an imposition had been practised on him, he ought to have made his stand.
What to read after Leading Cases in the Commercial Law of England And Scotland : Selected And Arranged in Systematic Order, With Notes?
You can find similar books in the "Read Also" column, or choose other free books by George Ross to read onlineMoreLess
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