An Essay on the Law of Contracts: For the Payment of Specifick ArticlesReprint of the uncommon first edition. Chipman's Essay was the first original treatise on the subject written in the United States. (Verplanck's An Essay on the Doctrine of Contracts (1825) was the second.) In his Legal Bibliography (1847) Marvin criticized Chipman for "show[ing] what the law of contracts ought to be rather than what the law of contracts is" (189). This remark indicates Marvin's failure to grasp the changing nature of contract law, and it shows that Chipman's ideas were ahead of their time. Indeed, as Horwitz points out, Chipman was the first American to submerge the "dominant equity theory of contract in a conception of contractual obligation based exclusively on express bargains" determined by market values. Chipman [1765-1850] was a Vermont lawyer, a professor of law at Middlebury, a representative to the state legislature and the U.S. Congress and a delegate to several Vermont constitutional conventions. |
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An Essay on the Law of Contracts for the Payment of Specifick Articles Daniel Chipman No preview available - 2019 |
An Essay on the Law of Contracts, for the Payment of Specifick Articles ... Daniel Chipman No preview available - 2017 |
Common terms and phrases
100 quarters adjudged valid analogy articles tendered assumpsit authorities averment Bacon barrels bound bring the money brought into court bushels cattle cited common law compelled condition cred DANIEL CHIPMAN debt debtor decided decision declaration defendant plead delivery demand dered discharged dollars duty evidence fendant Hadley horses insured judge judgment justice law of France lawful tender leather lord Coke lost ment money into court money tendered Napoleon Code natural law necessary note of hand obligation parties payable payment of specifick penal bond penalty person place of payment plaintiff plea of tender plead a tender plead the tender Pothier principle profert property tendered prove ready to deliver reason recover refused to receive remedy rule shew Slingerland specifick articles take the money tender and refusal tender in performance tender of specifick thing tendered tiff tion tract traverse the tender trover vested Weld wheat
Popular passages
Page 21 - ... his, her, or their order, or unto bearer, any sum of money mentioned in such note, shall be taken and construed to be by virtue thereof due and payable to any such person or persons, body politic and corporate, to whom the same is made payable...
Page ii - BBOWN, of the said district, hath deposited in this office the title of a book, the right whereof he claims as author, in the words following, to wit : " Sertorius : or, the Roman Patriot.