Method of agreement

“ This general rule of interpretation often makes it manifest that that which is called a condition is really but a covenant or agreement, to be performed independently of the counter obligation with which it is associated. ”

“ An agreement or mutual assent is of course essential to a valid contract but the law imputes to a person an intention corresponding to the reasonable meaning of his words and acts. If his words and acts, judged by a reasonable standard, manifest an intention to agree, it is immaterial what may be the real but unexpressed state of his mind. ”

“ Surely not this only, for marriage is but a partnership—a contract of mutual fidelity—and in all contracts the violation of the terms of the agreement by one of the contracting persons absolves the other. ”

“ The question always is whether an agreement unduly restrains competition and, in applying this test, consideration must be given both to the intent and effect of the agreement in the light of realities. ”

“ We maintain that in every compact between two or more parties, the obligation is mutual—that the failure of one of the contracting parties to perform a material part of the agreement entirely releases the obligation of the other, and that, where no arbiter is appointed, each party is remitted to his own judgment to determine the fact of failure with all its consequences. ”

“ No particular form of words is needed to create a partnership, nor need the agreement be in writing unless it is to last for more than a year from the date. If an agreement to form a partnership is broken an action will lie, if the terms of the agreement be clear and distinct ”

“ All that remains of the old rules in England is the necessity of valuable consideration, whatever be the form of the contract, and a strong presumption—but not an absolute rule of law—that an unqualified agreement not to carry on a particular business is not reasonable. ”

“ If these transactions are to be construed by the rules which govern agreements between private individuals, there does not appear to be any reason to infer a contract prior to the written agreement between the parties; not any reason why that agreement should not govern the rights of the parties. ”

“ An agreement, by which two parties reciprocally promise and engage, or one of them singly promises and engages to the other, to give some particular thing, or to do or abstain from a particular act, is a contract ”

“ St. 117, it was said that 'consideration, like every other part of a contract, must be the result of agreement. The parties must understand and be influenced to the particular action by something of value or convenience, and inconvenience recognized by all of them as the moving cause. ”

“ The question, then, is, whether there are any ingredients in this case furnishing sufficient proofs of such an agreement. Such an agreement may be express, or it may be implied; if the circumstances of the case, coupled with the acts of the parties, necessarily lead to such a conclusion. ”

“ The meaning of the fourfold distribution is readily understood as soon as we apprehend the theory which severed the Obligation from the Convention. Each class of contracts was in fact named from certain formalities which were required over and above the mere agreement of the contracting parties. In the Verbal Contract, as soon as the Convention was effected, a form of words had to be gone through before the vinculum juris was attached to it. ”

“ An agreement or contract must have a reasonable construction, according to the intent of the parties, as if a man agree with B. for twenty barrels of ale, he shall not have the barrels after the ale is spent. ”

“ What, then, is meant by saying that the law requires a consideration as a condition of the validity of an agreement? The answer is that the consideration required by the law is a consideration of a kind which the law itself regards as sufficient. It is not enough that it should be deemed sufficient by the parties, for the law has itself authoritatively declared what facts amount to a valid and sufficient consideration for consent, and what facts do not. If men are moved to agreement by considerations which the law refuses to recognise as good, so much the worse for the agreement. ”

“ An agreement is bilateral, in this latter signification, if there is something to be done by each party to it, while it is unilateral if one party is purely passive and free from legal obligation, all the activity and obligation being on the other side. An agreement to lend money is bilateral, while an agreement to give money is unilateral. ”

“ A consideration in its widest sense is the reason, motive, or 314inducement, by which a man is moved to bind himself by an agreement. It is not for nothing that he consents to impose an obligation upon himself, or to abandon or transfer a right. It is in consideration of such and such a fact that he agrees to bear new burdens or to forego the benefits which the law already allows him. If he sells his house, the consideration of his agreement is the receipt or promise of the purchase money. ”

“ Instead of a repugnancy between offer and assent which prevents an agreement, or between the terms of an agreement which makes it insensible on its fact, there may be a like repugnancy between a term of the contract and a previous representation of fact which is not expressly made a part of the contract. ”

“ These sections obligate the parties to make an honest effort to come to terms; they are required to try to reach an agreement in good faith. 'Good faith' means more than merely going through the motions of negotiating ”

“ Yes; not only a contract, an agreement of a civil nature, as it is regarded in the world, but our contracts are of a higher order, of a more sacred nature extending as they do in perpetuity from time into eternity. ”

“ All of us understand the meaning of the term. It implies that when two parties differ upon a subject of common interest, each is to yield something to the other, until both reach an agreement upon a middle ground, and the difference is settled. But one consequence always follows, always must follow, or it is in nowise a compromise: Both parties are bound by the agreement. ”

“ If A, B, and C debate whether they shall employ an agent to perform for them a certain service, and if, whilst A and B agree to do so, C dissents, C cannot equitably be made a party to the agreement in spite of himself. ”

“ What is called the obligation of a contract, is the duty which the law imposes upon a party not to disturb any of the legal rights conferred upon the other party. The extent of the rights of one party, therefore, is the measure of the obligation of the other. ”

“ That a court of equity has power to correct this mutual mistake, make the instruments given in execution of the contract conform to the real intention of the parties as established by clear and convincing proof, and hold the parties to their actual agreement, cannot be doubted. ”

“ CONVENTION (Lat. conventio, an assembly or agreement, from convenire, to come together) , a meeting or assembly; an agreement between parties; a general agreement on which is based some custom, institution, rule of behaviour or taste, or canon of art; hence extended to the abuse of such an agreement, whereby the rules based upon it become lifeless and artificial. ”

“ The natural tendency is to think that the closer the agreement is, the greater is its demonstrative power; we ought, on the contrary, to adopt as a rule the paradox that an agreement proves more when it is confined to a small number of circumstances. ”

“ The law we are in search of, which is to decide upon the nature, interpretation, and validity of the engagement in question, is that which the parties have, either expressly or presumptively, incorporated into their contract as constituting its obligation. ”

“ This being true, it can make no difference the agreement was a tacit understanding, created by a long course of conduct and executed in the same way. [11] Not the form or manner in which the understanding is made, but the fact of its existene and the further one of making it effective by overt conduct are the crucial matters. ”

“ From the Nexum we pass to the Stipulation, which is a simplified form of the older ceremonial. The Literal Contract comes next, and here all formalities are waived, if proof of the agreement can be supplied from the rigid observances of a Roman household. In the Real Contract a moral duty is for the first time recognised, and persons who have joined or acquiesced in the partial performance of an engagement are forbidden to repudiate it on account of defects in form. ”

“ When playing it, if the agreement is that the rules of the game shall be strictly observed, they should be strictly observed by both parties. If the agreement is that they shall not be strictly observed, one party should claim no indulgence for himself that he is not willing to grant to his adversary. ”

“ An act done in pursuance of an agreement or combination by two or more persons shall, if done in contemplation or furtherance of a trade dispute, not be actionable unless the act, if done without any such agreement or combination, would be actionable. ”

“ A valid agreement is one which is fully operative in accordance with the intent of the parties. A void agreement is one which entirely fails to receive legal recognition or sanction, the declared will of the parties being wholly destitute of legal efficacy. ”

“ A covenant in law is a written contract under seal. Covenant is frequent in religious usage, as contract is in law and business. Compact is essentially the same as contract, but is applied to international agreements, treaties, etc. A bargain is a mutual agreement for an exchange of values, without the formality of a contract. A stipulation is a single item in an agreement or contract. A cartel is a military agreement for the exchange of prisoners or the like.
CONTRAST. Synonyms:
To compare (L. con, together, and par, equal) is to place together in order to show likeness or unlikeness ”

“ Lastly, it is clearly understood that, with regard to the Power which has ratified it partially, the matters forming the subject of Articles XLII to LXI shall continue, until a subsequent agreement, to be governed by the stipulations and agreements now in force. ”

“ At present we only wish to show from this requirement that, in a commonwealth, the agreement should be one of all with all, and that, although the possessions of all on the surface of the earth may be in part, that is, in a certain respect, divided amongst the individuals, still in another respect, which the agreement must also determine, there must be a sphere of action for all ”

“ The agreement to accept is a transaction between the guarantee and guarantor, and completes that mutual assent necessary to a valid contract between them. It was, in the case cited, the consideration for the promise of the guarantor. And wherever a sufficient consideration of any description passes directly between them, it operates in the same manner and with like effect. It establishes a privity between them and creates an obligation. ”

“ The word 'persons' in article 1 describes those who fall within the agreement and with respect to whom the obligation is assumed. As article 5 provides that there shall be no obligation on the part of either party to deliver up its own citizens, the latter are necessarily excepted from the agreement in article 1 and from the 'persons' there described. ”

“ If individuals had no stated conditions under which they come to agreement with one another, any agreement would either terminate in a twilight zone of vagueness or would have to cover such an enormous amount of detail as to be unwieldy and unworkable. Each agreement, moreover, might vary so from every other that nothing could be inferred from one arrangement as to the probable consequences of any other. ”

“ The observation of any concomitance in agreement in presence, or agreement in absence, does not require any permanent observer, for under certain conditions of agreement there is the knowledge of the concomitance of agreement in presence, and in other conditions there is the knowledge of the concomitance in absence. ”

“ But you do enter into a written agreement which each man signs?-Sometimes, and sometimes not. Sometimes the agreement does not bind them at all. We can get no damages from them if they choose to break through it; it is simply a moral agreement, not a legal one at all. ”

“ A word is said to agree with the word or words to which its inflexions are conformed.
Agreement of one word with one other is called Simple Agreement.
Agreement of one word with more than one other word is called Composite Agreement.
Rules for Simple Agreement.
§ 120. I. Adjectives, used as Attributes or Predicates, agree with their Nouns in Gender, Number, and Case: vĭr bŏnŭs est the-man is good.
Under other circumstances they agree with them in Gender, or in Gender and Number, according to the sense: optĭmĕ rēgum best of kings! ”

“ A general authority to draw bills, is equivalent to an acceptance of all bills drawn; or to a promise to accept all.
The facts in this case, were:--
By the agreement of January 11, 1818, between the plaintiffs and Mr. Delprat, he was their agent-1. To form commercial connexions. 2. To promote consignments. 3. To act as directed in the agreement. As the plaintiffs' agent, Mr. ”

“ When we speak of a compact in a legal sense, we naturally include in it the notion of distinct contracting parties, having mutual rights, and remedies to enforce the obligations arising therefrom. We suppose, that each party has an equal and independent capacity to enter into the contract, and has an equal right to judge of its terms, to enforce its obligations, and to insist upon redress for any violation of them. ”