Deceit, Fraud

• 29g.  Out of fraud no action arises;  A right of action cannot arise out of fraud. Phelps v. Decker, 10 Mass. 276. Broom, Max. 349
• 29i.  Once a fraud, always a fraud.  13 Vin. Abr. 539
• 29j.  What otherwise is good and just, if it be sought by force and fraud, becomes bad and unjust. 3 Coke, 78.
• 29k.  He is not deceived who knows himself to be deceived. 5 Coke, 60.
• 29r.  It is a fraud to conceal a fraud.  1 Story, Eq. Jur. S. 389, 390.

Deceit, Fraud Audio

Authority, Power

• 11a.  A delegated power cannot be again delegated. 2 Inst. 597; Black’s 2d. 347; 2 Bouv. Inst. n. 1300.  A deputy cannot have (or appoint) a deputy.  Story, Ag. s. 13; 9 Coke, 77; 2 Bouv. Inst. n. 1936.
• 11f.  Power can never be delegated which the authority said to delegate never possessed itself. N.J. Steam Co. v. Merch Bank, 6 How. (47 U.S.) 344, 407.
• 11i.  Where there is no authority for establishing a rule, there is no necessity of obeying it.  Black’s, 2d. 1181; Dav. Ir. K.B. 69. Useless power is to no purpose. Branch, Princ.
• 11j.  One has authority when he has a legal or rightful power to act. C.L.M.
• 11t.  He who contemns (or contemptuously treats) a command contemns the party who gives it. 12 Coke, 97.

Authority, Power Audio

Property Rights & Possessions

• 91r.  Every one is a regulator and disposer of his own property. Co. Litt. 223a.
• 91u.  Long possession produces the right of possession, and takes away from the true owner his action.  Co. Litt. 110b, 115a; Fleta, lib. 3, c. 15, s. 6; Branch, Princ.; Co. Litt. 6.
• 91z.  That which is mine cannot be lost, transferred to another, or taken away without my own act, consent, or forfeiture. Broom. Max. 465; Jenk. Cent. p. 251, case 41; 8 Coke, 92; Dig. 50, 17, 11.
• 91bb.  The right of property is that sole and despotic dominion which one man claims and exercises over the external things of the world, in total exclusion of the right of any other individual. 1 Bl. Comm. 138; 2 Bl. Comm 2, 5.
• 91ee.  No man is compelled to sell his own property, even for a just price. 4 Inst. 275.

Property Rights & Possessions Audio

Contracts

• 24a.  An action cannot be founded on a barren or unconditional contract. C.L.M.
• 24e.  Contracts have no locality.  The obligation of a contract is purely personal, and actions to enforce it may be brought anywhere. 2 Inst.231; 1 Smith, Lead. Cas. 340, 363; Story, Confl. Laws, s. 362.
• 24i.  Private contracts (or agreements) cannot derogate from public law or right. Broom, Max. 695; 7 Coke, 23; Wing. Max. max. 201; Co. Litt. 166a; Dig. 50, 17, 45, 1.
• 24w.  Nothing is so natural as that an obligation should be dissolved by the same mode and principles in which it were contracted. Dig. 50, 17, 35; 2 Inst. 359, 360; Esmond v. Van Benschoten, 12 Barb. (N.Y.) 366, 275; Therefore, an obligation by words is taken away by words; an obligation of mere consent is dissolved by contrary consent. Broom, Max. 887.
• 24cc.  In contracts, when the question is what was agreed upon, the terms are to be interpreted against the party offering them. Dig. 45, 1, 38, 18; 2 Kent, Comm. 721.

Contracts Audio

Agreements

• 5b.  An agreement induced by fraud cannot stand. Dig. 2, 14, 7, s. 9.
• 5c.  Those things which are impossible to be given, or which are not in the nature of things, are regarded as no part of an agreement. Dig. 50, 17, 135.
• 5i.  Nothing can be effected by an agreement that there shall be no accountability for fraud. Dig. 2, 14, 27, 3; Broom, Max. 3d. Lond. ed. 622, 188, n.
• 5j.  By special agreement, things are allowed which are not otherwise permitted. Co. Litt. 166.
• 5l.  The expressed agreement of the parties overcomes or prevails against the law, because the agreement of the parties makes the law of the contract. Story, Ag. S 368; Dig. 16, 3, 1, 6; 2 Coke, 73.

Agreements Audio