A Treatise on the Law of Contracts

Front Cover
Sweet & Maxwell, 1904 - Contracts - 805 pages
 

Contents

De Porquet v Page 15 Q B 1073 20 L J Q B 21 15 Jur 148
lxxi
Nash 9 Bing 341 4 M Scott 162 2 L J N S C P
lxxvi
188
lxxviii
Moore 12 P D 193 56 L J P 104 57 L T 568 36 W
lxxxii
Bennett 2 T R 763 1 R R 617
lxxxv
422
lxxxvii
Gray 1902 2 Ch 606 71 L J Ch 808 87 L T 425
lxxxviii
WRIGHT 1786 1 T R 378 1 R R 223 313 334
lxxxix
DENABY MAIN CASE 1885 11 App Cas 97 55 L J Q B 181 54
xciv
Barrett 15 Ch D 306 51 L J Ch 90 43 L T 641 28
xcv
Debtors Act 1869 32 33 Vict c 62
c
Milburn 42 Ch D 424 38 W R 49
civ
Blake Peake 238 3 R R 681
cvii
528
cix
152 171
cxi
ADDENDA
cxvi
Frauds Statute of 29 Car 2 c
2
Jac 1 c 16 Limitation Act 1623
7
Gaming Act 1845 8 9 Vict c 109 s
18
Goodman 2 M W 768 M H 108 129
19
DENTON GREAT NORTH R CO 1856 5 E B 860 25 L
25
Ground Game Act 1880 43 44 Vict c 47 s 4
32
Gib 7 Scott 117 5 Bing N C 198 1 Am 463 3 Jur
33
IMPLIED CONTRACTS
38
LANGE 1879 12 Ch D 675 41 L T 378 27 W
40
BARTLETT WELLS 1862 1 B S 836 31 L J Q B 57 10
57
Dickason 1786 1 T R 285
60
Infants Relief Act 1874 37 38 Vict c
62
Garland 15 Ves 247 10 R R
68
Blachford r Preston 8 T R 89 4 R R 598 565 596
70
FORM OF SIMPLE CONTRACT
74
Geo 4 c 14 Statute of Frauds Amendment Act 1828
76
Cordy MCl Y 278 1 C P 664 328
91
Landlord and Tenant Act 1730 4 Geo 2 c 28
96
STAMPING OF CONTRACTS
128
474
131
Statute of Frauds Amendment Act 1828 9 Geo 4 c 14 74
139
Palmer 2 B C 729 4 D R 283 2 L J K B 145
145
597
156
Wilby 4 Esp
159
L C and D R Co L R 5 Q B 314 39 L J Q B 109 22
163
W R 930
166
Beckwith L R 8 Eq 100 701
170
CONTRACTS WITH MARRIED WOMEN
173
Attenborough 3 Exch 500 18 L J Ex 148
185
Mytton 2 B Ád 772
192
Blackburn Ex parte 10 Ves 203 7 R R 389 643
216
667
268
VYSE 1863 2 H C 42 32 L J Ex 177 8 L
273
Smith 3 Madd 110 572
284
Trustee Act 1893 56 57 Vict c 53 288
288
Gregory 2 E E 602 30 L J Q B 36 8 W R 585
296
Lewis 6 C B N S 706 9 C B N S 872 28 L J C P
304
Layton 4 B Ad 578 1 N M 374 2 L J N S K
314
364 597
321
Davison 1809 16 Ves 249
322
Veterinary Surgeons Act 1881 44 45 Vict c 62 s 17 subs 2 492
362
Ormond 14 Q B 732 17 Q B 423 19 L J Q B 228 679 688
370
Marriott 5 C B 818 17 L J C P 215 12 Jur 462 593
386
Wilson 11 App Cas 639 55 L J P C 75 55 L T
410
Blanchet Powells Colliery Co L R 9 Ex 74 43 L J Ex 50 30 L
427
BILLS OF EXCHANGE PROMISSORY NOTES AND CHEQUES
429
Horn 3 Bing 119 10 Moore
431
GUARANTEES AND INDEMNITIES
447
Danube c Rail Co v Xenos 31 L J C P 84 284 11 C B N
457
CONTRACTS FOR AND IN RELATION TO MARRIAGE
472
Dever Suse and Sibeth In re 18 Q B D 660 56 L J Q B 552
474
CONTRACTS OF EMPLOYMENT
481
Wills Act 1837 7 Will 4 1 Vict c 37 564
500
Buckland 1 Exch 1 5 D L 115 16 L J Ex 204 65
505
Boucher 1 Salk 279 B N P 154
511
Life Assurance Companies Act 1872 35 36 Vict c 41
516
CONTRACTS FOR LOAN OF MONEY AND INSURANCE AND
520
Dibbins 1896 2 Ch 348 65 L J Ch 724 75 L T 137
527
Howard 4 B C 345 6 D R 438
535
Local Government Act 1888 51 52 Vict c 64
536
Bowater 2 E B 564 22 L J Q B 396 17 Jur 1054
550
Dineley 3 M S 477 155
553
London and South Western Rail Co 12 Q B D 71 53 L
564
DODDS 1876 2 Ch D 403 45 L J Ch 777 34
574
Shannon 4 Ex D 81 48 L J Ex 459 40 L T 628 27
580
Collett 1815 4 Camp 157
586
Lotteries Act 1823 4 Geo 4 c 60
593
PERFORMANCE OF CONTRACT
602
419
613
Blaney Hendricks 2 W Bl 761 3 Wils 205 526
621
T 607
629
DEFENCES OF PAYMENT ACCORD AND SATISFACTION
646
500
650
Lewis Ex parte 36 W R
653
Greenslade 2 C J 61 2 Tyr 121
688
DECREE FOR SPECIFIC PERFORMANCE OF CONTRACT
706
W R 599
722
RECTIFICATION OF CONTRACTS
727

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Common terms and phrases

Popular passages

Page 75 - That no contract for the sale of any goods, wares, and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part payment, or that some note or memorandum in writing of the said bargain be made and signed by the parties to be charged by such contract, or their agents thereunto lawfully authorized.
Page 347 - ... agent acting for him, of the goods or documents of title, under any sale, pledge or other disposition thereof to any person receiving the same in good faith and without notice of...
Page 345 - Where there is a contract to sell unascertained or future goods by description, and goods of that description and in a deliverable state are unconditionally appropriated to the contract, either by the seller with the assent of the buyer, or by the buyer with the assent of the seller, the property in the goods thereupon passes to the buyer. Such assent may be expressed or implied, and may be given either before or after the appropriation is made.
Page 344 - If he does not signify his approval or acceptance to the seller but retains the goods without giving notice of rejection then, if a time has been fixed for the return of the goods, on the expiration of such time, and if no time has been fixed, on the expiration of a reasonable time. What is a reasonable time is a question of fact.
Page 435 - In the hands of any holder other than a holder in due course, a negotiable instrument is subject to the same defenses as if it were non-negotiable. But a holder who derives his title through a holder in due course, and who is not himself a party to any fraud or illegality affecting the instrument, has all the rights of such former holder in respect of all parties prior to the latter.
Page 264 - Any contract which if made l>etween private persons would be by law required to be in writing, and signed by the parties to be charged therewith, may be made on behalf of the company in writing signed by any person acting under the express or implied authority of the company...
Page 337 - means an agreement with reference to goods which are the subject of a contract of sale, but collateral to the main purpose of such contract, the breach of which gives rise to a claim for damages but not to a right to reject the goods and treat the contract as repudiated.
Page 342 - Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, and it appears that the buyer relies on the seller's skill or judgment, whether he be the grower or manufacturer or not, there is an implied warranty that the goods shall be reasonably fit for such purpose...
Page 677 - ... or to deprive any party of the benefit thereof, unless such acknowledgment or promise shall be made or contained by or in some writing to be signed by the party chargeable thereby...
Page 241 - Where the instrument contains or a person adds to his signature words indicating that he signs for or on behalf of a principal, or in a representative capacity, he is not liable on the instrument if he was duly authorized; but the mere addition of words describing him as an agent, or as filling a representative character, without disclosing his principal, does not exempt him from personal liability.

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