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131.
false representation, 153, 222.
untrue statement where no duty to tell truth, 153.
fraud must induce, 171 .

no contribution between tort-feasors unless one party innocent, 173.
false representation causing mental shock, 174.

FRAUDULENT SETTLEMENTS,

setting aside, under 13 Eliz. c. 5. .221.



GAVELKIND, 186.

GOD, ACT OF, 106, 107, 126, 127, 146, 149.

GOODS ON SALE OR RETURN, 30.

GOODWILL OF BUSINESS, 248.

GUARANTEE,

principal must be primarily liable, 40, 41.
consideration need not be shown, 42.



HARSH AND UNCONSCIONABLE,

when contract is, 80.

HEIRLOOMS,

life tenant's power of sale, 190.

HIRE-PURCHASE AGREEMENTS,
when they amount to sale, 32.

HOMICIDE. See Ceiminal Law.

HOWE v. DARTMOUTH,
rule in, 220.



390 INDEX.

HUSBAND AND WIFE,

liability for wife's debts, 129.

authority to wife secretly revoked, 129.

authority to pledge credit of husband where living separate, 131.

wife's torts, husband's liability, 158.

gift to third party and, 256.



ILLEGAL CONTRACTS, 81—97. See Void and Voidable Contracts.

IMPOSSIBILITY OF PERFORMANCE,

when a defence, 123, 124, 126, 127.

operation of law causing, 126.

illness preventing fulfilment of personal contract, 1^7.

INFANTS,

necessaries, 63.

continuing contracts, 64.

contracts for benefit of, 64.

ratification on coming of age, 65.

torts, 66, 157.

en ventre sa mere, injuries while, 156.

contributory negligence of, 181.

INJUNCTIONS, 245, 247, 248.

INSURABLE INTEREST,

innocent misrepresentation by insurance agent, 93.
need not continue till death, 97.

INSURANCE,

life insurance not contract of indemnity, 97.

INTESTACY,

widow's 500?., 255.



JETTISON. See Admiralty.

JURISDICTION,

foreign sovereigns, 62.

LAND. See Easements — Mortgages.
prescriptive title to, 200.
covenants running with the land, 204—206.
restrictive covenants bind purchaser with notice, 205.
positive covenants do not bind purchaser with notice, 206.
damages, inability to convey, 210.
constructive notice of contents of title deeds, 210.

LANDLORD AND TENANT.

premises out of repair, liability for damage, 179.
prevention of nuisance to tenants, 180.
specific performance of agreement for lease, 201.
good tenantable repair, what is, 203.
constructive notice of contents of title deeds, 210.



INDEX. 391

LARCENY. See Criminal Law.

LEASES. See Real Property and Conveyancing.
specific performance of agreement for, 201.

LEGACIES,

vesting of. See Probate.

LEGALITY OF OBJECT, 81—97. See Void and Voidable Contracts.

LICENCE.

revocable at will if a bare licence, 104.
coupled with interest, 104.

LIEN (EQUITABLE), 242.

LIGHT,

prescriptive title, 195.
purchaser of land, right to, 197.
easement of, amount of, 198.
how lost, 199.

LUNATICS,

contracts by, 66.



MAINTENANCE, 170.

MALICE,

definition of, 166.

MARRIAGE,

breach of promise, infant's, 65.

death terminates action of, 103.
brocage contracts illegal, 88.
agreements in restraint of, 89.

MARRIED WOMEN,

restraint on anticipation, bankruptcy, 243.

MASTER AND SERVANT. See Principal and Agent.

MAXIMS,

In pari delicto potior est conditio possidentis, 93.

Nemo dat quod non habet, 100, 155.

Actio personalis moritur cum persond, 103.

Caveat emptor, 77, 118.

Damnum sine injuria, 126, 144.

Injuria sine damno, 126, 144.

Ubijus ibi remedium, 144.

Delegatus non potest delegare, 162.

Omnia praesumuntur contra spoliatorem, 184.

No man shall derogate from his own grant, 197.

Once a mortgage always a mortgage, 207.

Equity acts in personam, 213.

Where the equities are equal the law prevails, 214, 215.

Qui prior est tempore potior est jure, 219.



392 INDEX.

MISFEASANCE,

liability of public bodies for, 157.

MISREPRESENTATION. See Fraud.

MISTAKE,.

as to party with whom contract made, 68.

parties not ad idem, 70.

as to existence of subject-matter of contract, 70.

in expressing agreement, 71.

money paid under mistake of fact, 7 1 .

mutual and unilateral, 70.

money paid under mistake of law, 73.

MONEY PAID AT REQUEST OF ANOTHER,

request sometimes implied, 33.

MONEYLENDERS ACT. See Statutes.

MORTGAGES,

equity of redemption, clog on, 207.
consolidation, 207-
keeping alive paid off, 208.

MOTIVE,

immaterial, if tort committed, 150.

MURDER. See Criminal Law.



NAME,

injunction restraining use of, 247.

NECESSARIES. See Infant.

NEGLIGENCE,

gratuitous bailee, 61.

what constitutes, 143.

onus of proving negligence and contributory, 176.

contributory negligence, 177, 180, 181, 296.

unsafe premises, 178 — 180.

identity of passenger with carrier, 180.

contributory negligence of infant, 181.

NEGOTIABLE INSTRUMENTS,
signature obtained by fraud, 67.
defect in title of assignor, 100.
list of, may be added to, 101.
loser of, must indemnify payer, 102.

NOVA TIO,

forbearance to sue for gaming debt, 96.

NUISANCE, 182, 183, 245.

NULLITY. See Divorce.



INDEX. 393

OFFER,

may be express or tacit, 1.

must be communicated, 2.

must refer to legal relations, 4.

must be sufficiently definite, 5.

must give reasonable notice of conditions, G.

revocable before acceptance, 7.

revocation must be communicated to offeree, 8.

must be distinguishable from statement of fact, 10.

of intention, 11.
invitation to treat is not an, 12.
on making tender, 12.
to world at large, 14.
is irrevocable after acceptance, 15.
auction sale, 16.
mode of acceptance, 17, 18.
must be accepted within reasonable time, 2 1 .
refused offer lapses, 25.

inquiry as to modification of offer is not a refusal, 27.
time table may constitute, 29, 113.

OPTIONS,

how exercised where goods on sale or return, 30.
hire-purchase agreements, 32.



PAROL. See Evidence.

PART-PERFORMANCE,

under Statute of Frauds, 50, 51.
solely referable to contract, 51.

PAYMENT OF DEBT OF ANOTHER,
must be by consent of other, 33.

PENALTY,

liquidated damages or, 121, 122.

PERPETUITIES,

contingent remainder, rule against, 193.
rule against, does not apply to charities, 237.

PERSONAL CONTRACTS,

illness of or death of contractor, 127.

PILOTAGE (COMPULSORY). See Admikaltt.

POLLUTION,

water supply of another, 145.

POWER,

improper exercise of, relief against, 223.

PRESCRIPTION,

support of land, 194.

of light, 195.

title to land by, 200.



894 INDEX.

PRINCIPAL AND AGENT. .See Husband and Wife.
undisclosed principal, right to sue, 98.

innocent misrepresentation induced by fraud of principal, 1 .'5 1 .
liability of principal for acts of agent, 132, 142, 159, 160, 163.
master of ship, agent of necessity, 133.
agent contracting on behalf of non-existent principal, 134.
agent making secret profit, 134.
agent may not buy or sell his own goods, &c, 135.
auctioneer is agent of vendor and purchaser, 136.
agent's liability for foreign principal, 138.
agent exceeding authority liable in contract, 1 38.
undisclosed principal, liability of, 139.
agent's knowledge is knowledge of principal, 140.
death of principal terminates agency, 141.
agency coupled with interest is irrevocable, 143.
tort of agent, 159—163.
ratification of tort of agent, 163.

PRIVILEGE. See Defamation.

PROBATE,

soldier's will, 253.

revocation of will, how affected, 253.

conditional, 254.
intestacy — widow's 500/., 255.
gift to husband and wife and third party, 256.
when legacies vest, 257.

PROCEDURE,

Order XIV. Unconditional leave to defend, 298.

judgment against one of two persons severally liable, effect of, 299.

necessary co-plaintiff refusing to sue, 300.

consolidation of actions, 300.

test action, 300.

liquidated amount, solicitor's bill, 301.

specially indorsed writ, contents of, 302.

representative actions, 302.

jury, right of both parties to, 303.

signing judgment on default of appearance, 304.

where appearance not entered by defendant, 304.

all material facts must be pleaded, 304.

statement of claim need not anticipate defence, 305.

right to strike out pleadings, delay defeats, 306.

particulars, object of, 306.

PUBLICATION. See Defamation.



QUANTUM MERUIT,

contract for entire work, 109 — 111.

RAILWAY COMPANY,

conditions on tickets, 6.

publication of time-table constitutes offer, 29, 113.

late trains, 113.

not insurers of passengers, 115.

are insurers of personal baggage, 116.

not liable if luggage handed to porter for custody, 117.

liability for false imprisonment, 160, 161.



INDEX. 395

RATIFICATION,

tort ratified by principal, 163.

REAL PROPERTY AND CONVEYANCING, 186-212.
estates in land, 186 — 192.
contingent remainders, 193.
easements, 194 — 200.
prescriptive title to land, 200.
leaseholds, 201—203.

covenants running with the land, 204 — 206.
mortgages, 207 — 211.

REALITY OF CONSENT. See Fraud and Mistake.

RECEIPT AND ACCEPTANCE,
Sale of Goods Act, 53.

RECEIVERS AND MANAGERS, 250.

RECEIVING. See Criminal Law.

REMAINDERS (CONTINGENT),
rule against perpetuities, 193.

REMOTENESS OF DAMAGE. See Damage.

REPUDIATION OF CONTRACT,
action will at once lie, 112.

REQUEST,

a person is not liable for work done without his request, 142.

RESCISSION OF CONTRACT,

mistake, 70, 71.

innocent misrepresentation, 73, 75, 76.

damages not granted in addition to, 244.

RESTRAINT ON ANTICIPATION, 243.

RIOT AND UNLAWFUL ASSEMBLY. See Criminal Law.

RULE IN. See Shelley's case, Dearie v. Hall, Howe v. Dartmouth.



SALVAGE,

deviation not justified for, 119.

when crew and passengers entitled to, 294.

SATISFACTION, 240, 241.

SEDUCTION, 171.

SEPARATION,

agreements as to, 89.

SHELLEY'S CASE,
rule in, 191.

SHIP,

deviation to save life and to salve, 119.



396 INDEX.

SIMONY IS ILLEGAL, 81.



SLAVES,

contract to purchase, 95.



SPECIFIC PERFORMANCE,

agreement for lease, 201.
when not granted, 244.



STAKEHOLDERS,

position of, 83.

STATUTES,

13 Elizabeth,

fraudulent settlements, setting aside, 221.
Statute of Frauds and Sale of Goods Act,

note or memorandum, necessary contents, 38, 42, 46, 359.
what suffices, 43, 45.
must be made before action, 44.
contracts not to be performed within year, 38, 39.

of guarantee, 40, 41, 42.
parties must be clearly described, 44.
when price need not appear in memorandum, 46.
connecting documents by parol evidence, 47 — 49.
effect of not complying with, 49.

part performance, 50, 51.
contracts to make and sell chattels, 52.
"receipt and acceptance," what constitutes, 53.
promise to debtor to pay his debt, 57.
must not be made instruments of fraud, 227.
parol evidence of variation or abandonment of contract in
writing under, 359 — 364.
Gaming Acts, 1845 and 1892,

money won by agent for principal, 82.
in hands of stakeholder, 83.
lent to make wager, 84.
paid in discharge of debt, 84.
bill of exchange in payment of wager, 85.
gambling in differences, 86.
forbearance to sue on gaming debt, 96.
Judicature Act,

assignment of contract, 99.
Limitations,

ignorance of cause of action no answer, 108.
concealed fraud is g-ood answer to, 10s.
runs from date of damage in tort, 164.
trustees may generally rely on, 233.
title to land under, 200.
Moneylenders Act, 1900,

harsh and unconscionable contracts, 80.



STATUTORY DUTY,

effect of omission on tort, 77, 151.



index. 397



STOPPAGE IN TRANSITU,

assignment of bill of lading defeats, 102.

SUBROGATION, 242.

SURETYSHIP,

vaiiance of term discharges surety, 105.



TENDER,

to supply goods for a year, 15.
legal, 106.

TIME,

when of essence of contract, 222.

TITLE DEEDS,

constructive notice of contents, 210.

failure to require production of, equitable charge, 216, 217.

TORTS, 144. See Negligence ; Fraud.
conversion, 68, 185.
statutory duty, omission of, 77, 151.
injuria sine damno, 144.
damnum sine injuria, 144.
appropriation and pollution of water, 145.
dangerous things on premises, 147 — 149.

animals, 147.
damage, remoteness of, 149, 151.
motive of, 150.

privity of contract immaterial, 152.
untrue statements, 153.
committed abroad, 154.
defamation, 155, 165 — 170.
actio personalis moritur cum persona, 155.
infant en venire sa mere injured, 156.
libel actions by corporation, 157.
infant's liability, 157.
liability of public bodies for misfeasance, 157.

husband for wife's, 158.
torts of servants, master's liability, 159 — 162.
false imprisonment, 160, 161.
ratification of tort, 163.
Statute of Limitations, 164.
maintenance, 170.
seduction, 171.

contribution between joint tort-feasors, 173.
false statement causing mental shock, 174.
inducing breach of contract, 175.

person not to contract with another is not unlawful, 175.
nuisance, 182, 183.
trespass to chattels, 184.
trover, 184.

TRADE,

contracts in restraint of, 90.

TRAINS,

lateness of, 114.



398 INDEX.

TRESPASS,

to chattels, 184.

TRUSTEES,

purchase of trust property by, 225.

must uot make profit, 226.

when he may delegate, 226.

may not plead Statute of Frauds to conceal fraud, 227.

under will to perform verbal directions, 229.

duties of, 232.

need not answer inquiries about trust property, 232.

presumption as to paying out trust moneys first, 233.

Statute of Limitations may be relied on by, 233.

TRUST,

precatory, 230.

voluntary assignments, by declaration of, 231.

following trust money, 233.

resulting, 234.

charitable trusts, 235.



UBERRIMAE FIDEI, CONTRACTS,
innocent misrepresentation avoids, 77.

UNLAWFUL CONTRACTS. See Void and Voidable Contracts.

UNTRUE STATEMENTS, 153.

USES,

there cannot be a use upon a use, 191 .



VENDOR,

" owner" or "proprietor" are sufficient descriptions, 44.

VESTING OF LEGACIES. See Peobate.

VOID AND VOIDABLE CONTRACTS,

contracts induced by fraud, 67, 68.

mistake, 68, 70, 71, 73.
contrary to public policy, 8 1 .
simony, 81.

gaming contracts, 82 — 86.
stifling criminal proceedings, 87.
champerty, 87.

marriage brocage contracts, 88.
restraint of marriage, 89.
future separation, 89.
restraint of trade, 90.
illegal part of contract severable, 91.
illegal contracts, security under seal, 92.
innocent agreement aiding illegal object, 93.
cohabitation, illicit, 94.

unlawful object unfulfilled, consideration, 94.
contracts made abroad unlawful but not illegal in England, 95.

legal if made abroad, but unlawful in England, 95.
material alteration of written contract avoids it, 128.



INDEX. 399



VOLUNTARY SETTLEMENT,

setting aside under 13 Eliz., 221.

VOLUNTARY ASSIGNMENT,
how made, 231.

VOLUNTARY TRANSFERS

of property may create resulting trust, 234.



WARRANT OF AUTHORITY, 138.

WARRANTY. See Conditions and Waeeanties.

WASTE,

powers of tenant for life, 189.

WATER RIGHTS,

underground water, 145.

WILL. See Probate.

verbal trusts to trustee under, 229.



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Online LibraryPhilip Bertie PetridesStudent's cases : illustrative of all branches of the law → online text (page 29 of 29)