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SEZ.

A TABULAR ANALYSIS OF THE
JAW OF EVIDENCE,

ESPECIALLY ADAPTED TO... GREENLEAF ON EVI DENCE.

ARRANGED BY

A. G. TURNIPSEED

(of the Cincinnati Bar).

PRICE $1.00. ott Mailed on Receipt of Price.

 

Penson on Gontracts,

REDUCED TO QUESTIONS
AND ANSWERS BY......

JAMES R. JORDAN
Paper Binding, 50c. (Librarian of the Cincinnati Law School).

This is, indeed, a most valuable book for any student while he is reading the
subject of Contracts, for ‘‘out of Contracts, expressed or implied, declared or under-
stood, grow all rights, all duties, all obligations, and all law.”

 

Elements of Law for the Law Student.

QUESTIONS AND ANSWERS,

with Authorities, to all questions submitted to the mem-
bers of the graduating classes of the Law School of the
Cincinnati College. PAPER BINDING, $2.00.

ww. H. ANDERSON & CO.,
Law-Book Publishers,
CINCINNATI, O.
 

i iin

A TABULAR- ANAL 11S

OF THE

LAW OF A CONTRACT

JAMES R. JORDAN
(LIBRARIAN OF THE LAW SCHOOL OF THE CINCINNATI COLLEGE)

CINCINNATI:

W. H. ANDERSON & CO.
1898
BY2055

a ———~

 

Copyright, 1898, by W. H. ANDERSON & Co.

Ss
CONTENTS.

NATURE OF CONTRACT.

Its ForMATION,

CONTRACT. Irs OPERATION.

Irs INTERPPETATION.

Its DiIscHARGE.

Contract in AGENCY

 
 
Contract is

Agreement

resulting in

Obligation. .

Co

 

 

Nature of Agreement.

Agreement a wider term

than contract, because

Its characteristics. .

It may arise from .

NATURE OF CONTRACT.

Agreement requires for its existence at least two parties, .
| The parties must have a distinct intention, common to both.

The parties must communicate to one another their common intention.
| The intention of the parties must refer to legal relations.

The consequences of agreement must affect the parties themselves. .

J It may not create obligation.

\ It may create obligation remotely.

‘It consists in a control exercisable by one, or both of two persons, or
groups over the conduct of the other.

It necessitates two parties.

The parties must be definite.

The liabilities must be definite.

| The matter must be reducible to a money value. .

{ Agreement.

Delicit.

Breach of Contract.
Judgment.

Quasi-Contract.

 

Acts springing from agreement, but wider than contract.

,

 

- Agreement, then, is the expression by two or more persons of an intention to affect the legal relations of those persons.

. Obligation, then, is a control exercisable by definite persons over definite persons for the purpose of definite acts or forbearances reducible to money value.
 
 

FORMATION OF CONTRACT.

ELEMENTS OF A VALID CONTRACT.
By words

Must be communicated either or
By conduct.
Must be intended to create and capable of creating legal relations.
Unaccepted creates no rights. Revocation.
Efflux of prescribed time.
Uffer ..... .. . 4 Maybe determined before acceptance by ) Efflux of reasonable time.
Breach of prescribed condition.

| Death of either party.

{ Communication.
Operates from moment of . .

 

 

 

 

 

 

 

 

| Receipt.
Need not be made to an ascertained person.
and |
| By words
: Must be communicated. or
Must be absolute. By conduct.
mocpmeence.. 2 ee Must be identical with the terms of the proposal.
Turns an offer into a contract and is irrevocable.
( Communication. a udgment
Operates from moment of / 7 i. 1”
: | Dispatch. Contracts of record which may be | Recognizance,
| Statutes Merchant and Staple.
( In writing, or printed on paper or parchment
Formal, 7. ¢., dependent for their validity upon their form, . . Must be executed | asd
Signed, sealed and delivered.’ Estoppel.
Its chief characteristics as distinguished from a simple contract are merger
Limitation of action on such contract being 20 years.
Contracts under seal a
Is binding although there is no consideration.
F Gratuitous promises
Common Law. 2 . ‘
; Ca j i
1 Contrast witty: corporations Canine : ses in which the rule would defeat the object for which the corporation was created.
Cases in which the rule would occasion great and constant inconvenience.
When nece
[ ssary to contract under, by Desde.
Me owas hE gh? mas Contracts ave Sithet Certain leases.
| Statute. .. Agreements for sale of sculpture with copyrights.
Transfers of shares in companies.
or Transfers of British ships.
By Common Law—Bills of exchange must be in writing.
4 ‘ Acceptance of bills of exchan i iting.
Contracts (required by law to be in some form) other than under seal a ee
Assignments of copyrights must be in writing.
SS By Statute Contracts of marine insurance must be in the form of a policy.
The transfers of shares in a company must be in certain forms.
Simple, 7. ¢., dependent for their validity upon the presence of consideration. An acknowledgment of a debt barred by the Statutes of Limitations must be in writing, signed by the debtor or his agent, duly authorized.
Those contracts required, by the 4th and 17th sections of the Statutes of Frauds, to be in writing.
By words.
By conduct.
Contracts for which no form is required.—All contracts not expressly required by law to be in some form, may be made . In writing
{Is necessary to the validity of every promise not under seal. Some terms in writing, others by parol.
Adequacy of will not be inquired into by courts of law, but the consideration must be valuable. \ Under seal.
Must be legal.
Present or future.
May be
Consideration. Executed or executory. { By a person of full age to satisfy debts contracted during infancy.

Must not be past, except in case of promise J By a bankrupt discharged from debts by a certificate of bankruptcy to pay debts so discharged.
To pay a debt barred by the Statute of Limitations.
Motive |

——» Impossibility and vagueness - are only semblances of consideration and can not support a promise.

 

Offering a man what he can already legally demand |
An alien has all powers of contracting which a natural-born subject has, except he can not acquire property in a British ship.

in ; bs, alien enemy, or British subject adhering to the King’s enemies, can not make any fresh contract without license from the Crown.
Political or Professional Status... . :
| Contracts entered into with foreign sovereigns and their representatives can not be enforced against them unless they so choose.

 

: Felons can not, during the continuance of their conviction, make a valid contract.
C is All persons may make valid contract,
apacity Of parties... . Ratified upon the attainm jori
i i i ; : ; ‘ ; ‘ iss ent of majority.
| except in case of incapacity caused by + youth Contract with infant at Common Law is voidable at his option before or after he has attained his majority, except when J : Jee,

l The contract is for necessaries.
( Must contract through an agent.

| Necessary . { . s

Artificiality of construction, such as corporations, which being given a personalty by law, take it upon restrictions which may be . ( Can not make negotiable instruments.

_ Express, 7. ¢., those imposed by the terms of its incorporation.

 

| Permanent or temporary mental abberation, of lunacy or drunkenness—contracts made under such circumstances are voidable, except where the state of mind was unknown to the other contracting party, and no advantage was taken of the lunatic, and the contract is executed in whole or in part, so the parties can not be restored to their original positions.

| Nature of the transaction,
Mistake as to the / Persons with whom the contract is made. Existence of the subject-matter.

-Subject-matter of the contract will avoid in case of mistake as tothe / Identity of the subject-matter.

ae si aksbncasl tanh dor Pe peels an Mamaia 2c. olde ada insite anual promised. _ pen eee a ——_———— St rt i one
Misrepresentation when it / Occurs in the case of certain special contracts.

| Forms a term or integral part of the contract.
With a knowledge of its falsehood.
Made 4 In reckless disregard whether it be true or false.

Fraud which must consist of a false representation of fact | | With the intention that it should be acted upon by the complaining party.

—

Reality of consent. Unreality of consent may be caused by < [ And must actually induce the injured party to act upon it.
Which must consist in actual or threatened violence or imprisonment.

| | The contracting party himself.
Duress . j The subject must be either ~ The wife of the contracting party.
| The child of the contracting party.

By the other party to the contract.
Must be inflicted or threatened either J y =

 

By one acting with the knowledge and for the advantage of the other contracting party.

| Circumstances.

 

Undue influence, which may result from ~ The relations of the parties.

| Spiritual or confidential relations. The security of the revenue.

{ Express Prohibition | The protection of the public in dealing with certain articles of commerce.

_ and relate to

Agreements in breach of statute which may render an agreement illegal by
Penalty Dealings with certain classes of traders.

Commit a crime. The regulation of the conduct of certain kinds of business.

, Trade with alien enemies.
Agreements in breach of express rules of Common Law, and which relate to /

Legality of object. .. | Illegality of object may consist in . . Commit a civil wrong.

Commit a fraud.
Tending to injure the public service.
Which tend to pervert the course of Justice.

) Which tend to encourage litigation.

 

Agreements contrary to public policy, such as agreements .
Which are contrary to good morals.

( The agreement being unenforcible in some cases. : . :
e S Which affect the freedom or security of marriage.

 

Absence of necessary elements results in . The agreement being voidable, in some cases, at the option of one of the parties. :
In restraint of trade.

The agreement being absolutely void.
OPERATION OF CONTRACT.

Pia) : It imposes a duty upon third parties, not to interfere with its performance.
Contract can not impose liabilities upon a third party, except f e es P , P

imits of the Contractual Obligation \ In the relation of master and servant, where the master has a right to bring an action against anyone who entices away his servant.
Limits e Contractua A

. . Unless it amounts to a declaration of trust.
Contract can not confer rights upon a third party J

\ Except in case of agency.

They may be assigned with the consent of the party entitled.
Liabilities can not be assigned, except / In case where a man undertakes to do work which needs no special skill, and he has not been selected with reference to any personal qualifications, but if he assign under such circumstances |

| In the transfer of an interest in land, liabilities attaching to the enjoyment of the interest pass with it.

By act of the parties. i At Common Law a contract could { By an agreement between the original parties to it and the intended assignee, which was subject to all the rules for a formation of a valid contract, and
not be assigned, except .... \ By the rules of the Law Merchant, Negotiable instruments were assignable.

Assignment of rights In Equity choses in action, or rights under contract, when the contract was not for exclusively personal services, could be assigned, and the assignee could maintain a suit in Equity in his owr

The assignee takes it subject to equities.
The assignment must be absolute.

The assignment must be in writing, signed by the assignor

By Statute any debt or legal chose 7x action may be assigned, and the assignee is entitled to all legal rights and remedies, but .
Assignment of Contract. y y g é y gned, gt gal rig’ ’

Express notice of the assignment, in writing, must be giver

| They run with the land.
The transfer affects leasehold interests, if They concern the thing demised.

 

Not if el 1,
Assignments of interests in lands, when ( Pune Revronen)

{ They touch and concer

 

| The contract is with the owner, provided

Law will operate as a transfer (or assignment) to one person of the rights and liabilities The transfer affects freehold interests, when

i They are not merely

of another in case of . . Ssh en ay ska Geetha Sag Meek ae Ga OR ae Me te, Sale ey ey The contract is by the owner, provided he thereby creates certain w
Marriage—In some instances (has no operation in Ohio).

Death { Where all the personal estate, all rights of actions which would affect the personal estate, and all liabilities which are charged upon it, pass to the exec

i Where covenants affecting freehold pass to the heir of the realty.
OPERATION OF CONTRACT.

to interfere with its performance.

ere the master has a right to bring an action against anyone war ~ ervant.

f the party entitled.
rk which needs no special skill, and he has not been selected with reference to any personal qualifications, but if he assign under such circumstances he will be liable if the work isilldone.. ........... |

jilities attaching to the enjoyment of the interest pass with it. In neither case could the assignee sue in his own name

y an agreement between the original parties to it and the intended assignee, which was subject to all the rules for a formation of a valid contract, and which was limited in its operation to the transfer of a debt.! . . |

y the rules of the Law Merchant, Negotiable instruments were assignable. is

The assignment would not be supported unless consideration had been given by the assignee.

r contract, when the contract was not for exclusively personal services, could be assigned, and the assignee could maintain a suit in Equity in his own name, but | It would not bind the person liable until he had received notice, although it was effectual between assignor and

assignee from the moment of assignment.

The assignee takes it subject to equities.
The assignment must be absolute.

zon may be assigned, and the assignee is entitled to all legal rights and remedies, but - ;
| The assignment must be in writing, signed by the assignor.

Express notice of the assignment, in writing, must be given to the party to be charged, and the title of the assignee dates from notice.

{ They run with the land.
The transfer affects leasehold interests, if J) They concern the thing demised.

| Not if purely personal.
ts of interests in lands, when ( purely P )

The contract is with the owner, provided | They touch and.concern the land conveyed.

The transfer affects freehold interests, when They are not merely personal.

The contract is by the owner, provided he thereby creates certain well-known interests, such as easements and profits.
In some instances (has no operation in Ohio).
Contracts of personal service.
here all the personal estate, all rights of actions which would affect the personal estate, and all liabilities which are charged upon it, pass to the executor or administrator of the deceased, except : us P :

; A right of action, upon a breach of contract, involving a purely personal loss.
There covenants affecting freehold pass to the heir of the realty.
INTERPRETATION OF CONTRACT.

{ By evidence of its sealing.

Contracts under seal are proved By evidence of its delivery.

| And, In some cases subscribing witness must be called.
As to Proof of Document. |. : .

| To supplement where contract is written only in part.
Simple contracts require oral evidence When connection of parts does not appear from document.

That there is an agreement.

That the document is not, in fact, a valid agreement.

Extrinsic Evidence admissible in proof of contract, may be. :
Want of genuine consent.

 

| Illegality of object.

That no consideration was given for a simple contract.

{ Cases where terms are proved supplementary, or collateral to so much of the agreement as is in writing.

 

In Proof of Fact of Agreement—Extrinsic evidence under this head is admissible to show
Cases where explanation of the terms of the contract is required.

| It is a general rule
The introduction of usages into the contract. |

In Proof of Terms of Contract—Under this head, extrinsic evidence can only be admitted, in .

 

The application by Equity of its peculiar remedies in the case of mistake.

| Words are to be understood in their plain meaning.
General rules. .
| The iutention of the parties is to be gathered from the whole of the agreement.

Construction.
‘ Courts will correct obvious mistakes in writing and grammar.

 

Courts will restrain the meaning of general words.

Subsidiary rules.
Courts will assign to words susceptible of two meanings that which will make the instrument valid.

 

Courts will construe words most strongly against the party who used them.

( tain what was said. Je
jo Cremer wnen ae Questions of fact.

Province of Jury.
| To determine the circumstances under which the supposed contract was formed. J

; \ Questions of Law.

. To determine whether what is said amounts to a contract.
Province of Court.

To determine what its effect may be.
INTERPRETATION OF CONTRACT.

By evidence of its sealing.
2 proved .

By evidence of its delivery.

To supplement where contract is written only in part.

e oral evidence .

| And, In some cases subscribing witness must be called.
: When connection of parts does not appear from document.
|

That there is an agreement.

That the document is not, in fact, a valid agreement.
J

is admissible to Bhow Want of genuine consent.

| Illegality of object.

 

That no consideration was given for a simple contract.

{ Cases where terms are proved supplementary, or collateral to so much of the agreement as is in writing.

: ; Cases where explanation of the terms of the contract is required. ‘ : : :
n only be admitted, in | B * ; it is a general rule of evidence that a written contract can not be varied or added to by verbal evidence of what was the intention of the parties.
The introduction of usages into the contract.

 

The application by Equity of its peculiar remedies in the case of mistake. ........2.2.2.2.. |

ng.
7om the whole of the agreement.

and grammar.

Is.

eanings that which will make the instrument valid.

t the party who used them.

wa | Questions of fact.
‘S formed.

ons of Law.
DISCHARGE OF CONTRACT.

Waiver.

Agreement, which may be by J Substitution of a new contract for the old one.

Express provision, contained in the contract for its discharge.

Payment.

Performance of the thing agreed to be done.
Performance, which may be by J

€ { Payment
| Performance

Tender o lin a suit brought after tender the plaintiff gets nothing but that which was originally tendered to him, the defendant gets judgment for his costs of defense.

 

Renounces his liabilities under it.

Breach, which occurs when a party to the contract J Makes it impossible that he should fulfill its conditions.

( Totally or partially fail to perform what he has promised. |
Contract may be Discharged, by .

When it arises from a change in the law in our own country. ‘ |
an: . : When the continued existence of a specific thing is essential to the performance of the contract and its destruction occurs from no default of either party.
Impossibility of performance will exonerate the promisor

( Dies.
When the contract has for its object the rendering of personal services and the promisor !

\ Is seized with incapacitating illness.
f One higher.

| One lower.
The subject-matter of the two securities being identical.

The two securities being different in their legal effect

Merger, which necessitates
The parties being the same.

Without the consent of the other party.
Alteration, which must be made . f ae

| In a material part.

Bankruptcy.
CONTRACT OF AGENCY.

| By an offer of a promise for an act.

Agency may be created By an offer of an act for a promise, as by ratification.

By an offer of a promise for a promise.
{ The principal is bound to pay the agent such commission, or reward for the employment, as may be agreed upon between them.
To account for the property of his employer which comes into his hands in the course of the employment.

Rights, fer se . | |: | : a : : :
is bound To use ordinary diligence in the course of his duties.

 

| To display any special skill or capacity which he may profess for the work in hand.

 

 

 

The agent .
. Can make no profit other than commission. Occasions springing from the conduct of the parties.
May not delegate his authority, except where such authority must needs be implied from The usage of a trade.
The nature of the business.
An unforeseen emergency.
Agent drops out, if he keeps within his authority, so soon as the contract is made.
Agent is liable if he enters into a contract without or beyond the authority which is necessary to make them binding.
BG ecth OF CRS eestor OF Brug pabiand epee: Rights and liabilities of parties when agent contracts for named principal. . 5» Agent can not sue upon a contract where principal is named.
{ Unless he is a party to the contract under seal.
Agent can not be sued where principal is named | Unless he act for a foreign principal.
Unless the principal does not exist, or can not contract.
Agent not liable if he contract as agent.
Where the name of the principal is undisclosed. ........... Agent is liable if the credit be given to him.
| Agent is liable if the usage of a particular trade makes him liable.
The other contracting party is entitled to elect whether he will treat principal or agent as the party with whom he dealt.
Where the existence of the principal is undisclosed. ... ... -- - | The principal can sue on the contract, but the other contracting party may set up any defense against the principal that was available against the agent.

| The principal is liable to an action of deceit for the fraud of the agent, if the fraud was committed in the ordinary course of his employment.

{ Expressed in the contract of agency.

Where its duration was fixed by the agreement.

 

Agreement . : ae se
oF Revocation (which is a form of , A principal may not privately limit or revoke an authority which he has allowed his agent publicly to ass

 

: | agreement) except . a tid ance? os
Determin. tion of Agent’s Authority... . . 2 An Agent's authority may be determined by... .......... |

|

The principal will be bound by the acts of the agent, which he has given other persons reason to suppose are

The principal can not revoke the authority of the agent if it be coupled with an interest.

Bankruptcy.
Change of status, such as jaa NEES

\ Insanity.
Death of principal.
CONTRACT OF AGENCY.

offer of a promise for an act.
offer of an act for a promise, as by ratification.

offer of a promise for a promise.

{ The principal is bound to pay the agent such commission, or reward for the employment, as may be agreed upon between them.
: | : { To account for the property of his employer which comes into his hands in the course of the employment.
3, ler Se. ;
: is bound | To use ordinary diligence in the course of his duties.

To display any special skill or capacity which he may profess for the work in hand.

 

 

 

The agent .
Can make no profit other than commission. Occasions springing from the conduct of the parties.
May not delegate his authority, except where such authority must needs be implied from The usage of a trade.
The nature of the business.
An unforeseen emergency.
Agent drops out, if he keeps within his authority, so soon as the contract is made.
Agent is liable if he enters into a contract without or beyond the authority which is necessary to make them binding.
; and liabilities of parties when agent contracts for named principal. . » Agent can not sue upow a contract where principal is named.

{ Unless he is a party to the contract under seal.

Agent can not be sued where principal is named | Unless he act for a foreign principal.

Unless the principal does not exist, or can not contract.

| Agent not liable if he contract as agent.
the name of the principal is undisclosed. Agent is liable if the credit be given to him.
Agent is liable if the usage of a particular trade makes him liable.
[ The other contracting party is entitled to elect whether he will treat principal or agent as the party with whom he dealt.
the existence of the principal is undisclosed. The principal can sue on the contract, but the other contracting party may set up any defense against the principal that was available against the agent.

ee principal is liable to an action of deceit for the fraud of the agent, if the fraud was committed in the ordinary course of his employment.

{ Expressed in the contract of agency.

 

Where its duration was fixed by the agreement.

Agreement : ghey 6
= Revocation (which is a form of | A principal may not privately limit or revoke an authority which he has allowed his agent publicly to assume

 

agreement) except. ...... The principal will be bound by the acts of the agent, which he has given other persons reason to suppose are done by his authority.

The principal can not revoke the authority of the agent if it be coupled with an interest.

Bankruptcy.
Change of status, such as f Pee

ent’s authority may be determined by... .......... |
| | Insanity.

Death of principal.
» Self-Preparation for Final Examination,

THE OHIO SUPREME CouRT EXAMINATION QUESTIONS
ror ADMISSION TO THE BAR ano THEIR Answers,

Avanped and Ndied by, AND THE AUTHORITY FOR EACH ANSWER.
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