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EXTRACTS FROM PREFACE TO TWELFTH

EDITION.

In this edition great changes have been effected. The book has been divided into twenty-seven chapters instead of six only, and the subjects of "Money paid,” “Money had and received,” and Account stated," have been treated under the head of "Implied Contracts instead of “ Contracts respecting Money.” “Contracts with Married Women

are very fully dealt with, occasion being taken to treat of separation deeds. The chapter on Stamps has been enlarged, and chapters on Specific Performance, Assignment of Contracts, and Rectification have been newly supplied. In dealing with special subjects, the scheme of the edition is that on every subject matter of contract the reader should either find sufficient information or sufficient references to special treatises, but that exhaustive handling of specific subjects should not be attempted. This has involved curtailment in the chapter on Landlord and Tenant, but amplification in those on Bills of Exchange, Mortgage, Insurance, Marriage, Hire, and other matters. Facilitation of reference has been steadily kept in view. A table of contents is prefixed to each chapter, a table of statutes is newly inserted, and the list of cases supplies references to all the reports, the main reference (which where old, has been always verified), together with, for the first time, a date, being given in the footnotes as before. The index, which is printed in smaller type, has been very thoroughly revised.

J. M. L.

W. N. M. G.

PREFACE.

SINCE the twelfth edition of this work was brought out in 1890, the Partnership Act and the Sale of Goods Act, the Gaming Act, 1892, and the Married Women's Property Act, 1893, have been passed ; while the law of Restraint of Trade has been materially affected by the Nordenfelt case, Henthorn v. Fraser has brought the vexed question of contract by correspondence into greater prominence than before, and Trego v. Hunt has settled the longvexed question of the extent of the implied rights of the seller of a goodwill.

The Sale of Goods Act and the Married Women's Property Act have led to an abridgment of the chapters in which the subjectmatter of them was dealt with, and in the course of general revision many redundancies have been pruned and references to old cases expunged, with the net result of a reduction of about 150 pages, notwithstanding occasional additions in the treatment of Bankers' Contracts, Employment of Counsel, Medical Contracts, Stock Exchange Contracts, and other matters.

The table of statutes is by short titles followed by regnal years and chapters. The codifying statutes and principal cases are distinguished by a larger type in the tables of statutes and cases, and both in text and table references to the Revised Reports are given.

The Editor's best thanks are due to Sir William Geary for his noting up of decisions up to the end of 1894.

The Preface to the last edition concluded by directing attention to eight points of contract law as seeming to require remedial legislation. These are now reprinted with the exception of two, in which the Legislature has since interfered by the Directors' Liability Act, 1890, and the Gaming Act, 1892, respectively, and with the addition of two others.

1. Money at a bank, and not drawn upon for six years, becomes the property of the banker.

of the banker. (Pott v. Clegg, p. 538.) 2. The executors of a lessee may be personally liable on his covenants to repair. (Tremeere v. Morison, p. 314.)

3. The Act which invalidates sales of unnumbered bank shares is rendered a dead letter by being habitually disregarded on the Stock Exchanges. (See p. 555.)

4. Prospectuses of companies which do not state contracts of promoters are constructively fraudulent as against shareholders. becoming such upon faith thereof by virtue of an unintelligible section of the Companies Act, 1867, which is habitually evaded by waiver clauses, extending also in some cases to the Directors! Liability Act, 1890. (See p. 290.)

5. If A. undisputedly owes B. 1001. and B. agrees to take and takes 901. in full satisfaction of the debt, B. can nevertheless sue A. for the remaining 101. (Foakes v. Beer, p. 644.)

6. In an action for breach of promise of marriage there is. practically no limit to the damages. (See p. 502.)

7. Although in most if not all other European countries the disclosure of professional secrets by a doctor is a criminal offence, even the extent of his implied contract, if any, not to disclose them is in this country uncertain. (See p. 515.)

8. The liability of bankers to keep valuables entrusted to them continues, until after demand of and refusal to return them, for a time apparently unlimited. (See p. 539.)

J. M. LELY.

THE TEMPLE :

July 3rd, 1896.

TABLE OF STATUTES.

[The codifying statutes are printed in larger type.)

Agricultural Holdings Act 1883, 46 & 47 Vict c. 61, s. 33

S. 41

S. 45
Apothecaries Act, 1815, 55 Geo. 3, c. 194, s. 20
Apportionment Act 1870, 33 & 34 Vict. c. 35
Arbitration Act, 1889, 52 & 53 Vict. c. 49, s. 4
Attorneys and Solicitors Act, 1870, 33 & 34 Vict. c. 28

s. 11 Bankruptcy Act, 1883, 46 & 47 Vict. c. 52, s. 30

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S. 37
S. 38
S. 49
S. 55
S. 57

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PAGE 351 353 398 513 344 665 533 578 702 703 701 193 194 197 174 452 449 543 543 442

418 422, 423

672 353 (r)

291 290 292 355 355 549 550 353 388 195 531 266 594 597

Betting and Loans (Infants) Act, 1892, 55 & 56 Vict. c. 4, s. 5
BILLS OF EXCHANGE ACT, 1882, 45 & 46 Vict. c. 51.
Bills of Lading Act, 1855, 18 & 19 Vict. c. 111
Bills of Sale Act, 1878, 41 & 42 Vict. c. 31

1882, 45 & 46 Vict. c. 43
Campbell (Lord) 's Act, 9 & 10 Vict. c. 93
Carriers Act, 1830, 11 Geo. 4 & 1 W. 4, c. 68, s. 1.

ss. 2-8
Coinage Act, 1870, 53 & 34 Vict. c. 10
Common Law Procedure Act, 1852, 15 & 16 Vict. c. 76, s. 210
Companies Act, 1862, 25 & 26 Vict. c. 89, s. 37

1867, 30 & 31 Vict. c. 131, s. 58
Companies Clauses Consolidation Act, 1845, 8 & 9 Vict. c. 16, s. 97
Conveyancing Act, 1881, 44 & 45 Vict. c. 41, s. 14.

1892, 55 & 56 Vict. c. 13 Copyright Act, 1842, 5 & 6 Vict. c. 45, s. 3

s. 18. County Courts Act, 1888, 51 & 52 Vict. c. 43, s. 138

s. 182
Deeds of Arrangement Act, 1887, 50 & 51 Vict. c. 57
Employers' Liability Act, 1880, 43 & 44 Vict. c. 42
Factors Act, 1889, 52 & 53 Vict. c. 45
Gaming Act, 1845, 8 & 9 Vict. c. 109, s. 18
Gaming Act, 1892, 55 & 56 Vict. c. 9
Housing of the Working Classes Act, 1890, 53 & 54 Vict. c. 70, s. 75
Infants' Relief Act, 1874, 37 & 38 Vict. c. 62.
Innkeepers Act, 1878, 41 & 42 Vict. c. 38
Innkeepers' Liability Act, 1863, 26 & 27 Vict. c. 41
Law Amendment Act, 3 & 4 W. 4, c. 42, s. 3.

348 173, 185

402 401 679 546 345

S. 28.
Law of Distress Amendment Act, 1888, 51 & 52 Vict. c. 21

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Law of Property Amendment Act, 1859, 22 & 23 Vict. c. 35, s. 29.
Limitation Act, 1623, 21 Jac. 1, c. 16
Married Women's Property Act, 1882, 45 & 46 Vict. c. 75, s. ]

8. 12
ss. 14, 15

$. 19
1893, 56 & 57 Vict. c. 62, s. 1

s. 2 Medical Act, 1858, 21 & 22 Vict. c. 90, s. 32 .

1886, 49 & 50 Vict. c. 48, s. 6
Mercantile Law Amendment Act, 1856, 19 & 20 Vict. c. 97, s. 1

s. 5
8. 11

s. 14 Merchant Shipping Act, 1894, 57 & 58 Vict. c. 60, s. 502

S. 503
PARTNERSHIP ACT, 1890, 53 & 54 Vict. c. 39, s. 1

s. 2
SS. 649
s. 14
ss. 32–34
ss. 36, 37

S. 38
Pawnbrokers Act, 1872, 35 & 36 Vict. c. 93
Preferential Payments in Bankruptcy Act, 1888, 51 & 52 Vict. c. 62
Public Health Act, 1875, 38 & 39 Vict. c. 55, s. 174

s. 193
Railways Clauses Consolidation Act, 1845, 8 & 9 Vict. c. 20, ss. 86, 90

S. 89
Railway and Canal Traffic Act, 1854, 17 & 18 Vict. c. 31, s. 7.
Railway Regulation Act, 1889, 52 & 53 Vict. c. 57 .
Real Property Act, 1845, 8 & 9 Vict. c. 106, s. 3
SALE OF GOODS ACT, 1893, 56 & 57 Vict. c. 71

S. 4
Sale of Land by Auction Act, 1867, 30 & 31 Vict. c. 48, ss. 446
Small Tenements Recovery Act, 1838, 1 & 2 Vict. c. 74
Solicitors Act, 6 & 7 Vict. c. 73, s. 37
Stamp Act, 1891, 54 & 55 Vict. c. 39, s. 8

ss. 14, 15
s. 21
8. 49

ss. 52, 53 Statute of Frauds, 29 Car. 2, c. 3, ss. 1, 2

S. 4

s. 17 (repealed)
Statute of Frauds Amendment Act, 1828, 9 Geo. 4, c. 14
Statute of Limitations, 21 Jac. 1, c. 16
Statutes (Definition of Time) Act, 1880, 43 & 44 Vict. c. 9
Sunday Observance Act, 1677, 29 Car. 2, c. 7.
Tenterden (Lord) 's Act, 9 Geo. 4, c. 14 .
Tippling Act, 24 Geo. 2, c. 40, s. 12
Truck Act, 1830, 1 & 2 W. 4, c. 37

1887, 50 & 51 Vict. c. 46
Veterinary Surgeons Act, 1881, 44 & 45 Vict. c. 62, s. 17, subs. 2
Wages Attachment Abolition Act, 1870, 33 & 34 Vict. c. 30
Weights and Measures Act, 1878, 41 & 42 Vict. c. 49

1889, 52 & 53 Vict. c. 21

PAGE 315

674 210, 217

217 232, 233

206 210 217 514 514 691 495 678 697 450 451 278 280 282 282 285 28 287 396 526 300 301 427 426 429 428 338

359 102, 364

323 354 533 148 148 147 147 146

338 102, 324

102 686

674 370 (e)

386 686 388 523 523 516 524 385 385

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