EXPECTANT HEIRS : protection of, by courts of equity, 592 FIDUCIARY RELATION : between contracting parties, effect of, 570 FORBEARANCE TO SUE: as consideration for promise, 198 FOREIGN LAW: foreign revenue laws said to be disregarded, 298 as to stamps, effect of, 300 agreements lawful by, but not by law of forum, treatment of, 357 contract rendered impossible of performance by, not discharged, 378 FORFEITURE: relief against, in equity, 481 FORMAL CONTRACTS: their importance in ancient law, 145 position of formal and informal contracts in Roman law, 146 in old English law, 150 requirements of form now the exception, 156 contracts of record, 157 cases where form specially required, 157, sqq. FRAUD: of agent, corporation liable for, 126, 544 on third party, makes agreement void, 255 on creditors in compositions, &c., 256 settlements in "fraud of marital right," 264 dissimulation of unlawful purpose by one party to contract is, 352 delivery of goods to wrong person obtained by, passes no property, how distinguished from misrepresentation, 524 passive acquiescence in self-deception of other party what is fraudulent representation or concealment, 528 silence when equivalent to falsehood, 529 reckless assertions, 529 negligent ignorance, 530 not, 527 special doctrines as to sales by auction and marriage, 531 transactions voidable when consent of third person obtained by, 532 FRAUD-continued. rules as to rescinding contract for, how far the same as for simple misrepresentation, 533 contract incidental to a fraud is itself fraudulent, 541 unfounded charges of, visited with costs, 518, 563 And see RESCISSION. FRAUDS, STATUTE OF: contracts by advertisement not exempt from, 22 as to special promise by executor, 170 as to guaranties, 171 as to agreements in consideration of marriage, 172 as to interests in land, 172 as to agreements not to be performed within a year, 173 as to the note or memorandum, 174 effect of note signed by one party only, 8 whether applicable to deeds, 146 foreign laws analogous to, 149 effect of, where writing does not represent the real agreement, 484 relation of, to equitable doctrine of part performance, 624 ante-nuptial agreements confirmed by post-nuptial writing, 624 FRAUDULENT PREFERENCE: agreements with particular creditors by way of, 256, 257 GAMING: securities for money won at, 277 treatment of gaming debts contracted abroad and not unlawful by GENERAL WORDS: restrained by context or by intention appearing from external GERMAN COMMERCIAL CODE: on formation of contracts, 655 exempts commercial contracts from requirements of form, 674 GIFT: imperfect, not aided in equity, 202 acceptance of as loan, effect of, 435 GOODS: order for delivery of may be assignable free from equities, but contract cannot run with, 241 delivery of to wrong person by mistake or fraud does not pass And see SALE OF GOODS. GUARANTY: within Statute of Frauds, 171 voidable for misrepresentation or dissimulation to surety, 469 HORSES: sale of in market overt, 176 HUSBAND AND WIFE: See MARRIED WOMEN, SEPARATE ESTATE, IGNORANCE: of law, may be material as excluding specific unlawful intention, does not in general exclude civil liability, 410 reckless or negligent, carries responsibilities of knowledge, 529 IGNORANTIA IURIS: meaning of, explained by Lord Westbury, 459 ILLEGALITY: alleged, of contracts by companies tending to defeat purposes of And see UNLAWFUL AGREEMENTS. IMMORAL AGREEMENTS: void; what are such, and what is immoral consideration, 278, 279 IMMORAL PUBLICATIONS: punishable by criminal law, and therefore no ground of civil rights, 286 IMPOSSIBLE AGREEMENTS: general statement of law as to, 367 agreement impossible in itself void: what is meant by impossibility IMPOSSIBLE AGREEMENTS —continued. "practical impossibility" not equivalent to absolute impossibility, repugnant promises, &c., 371 promisor's not having means of performance is not impossibility, 372 warranty of contingent acts or events, 372 agreement impossible in law, void, 373 promisor excused when performance becomes impossible by law, performance being impossible in fact, no excuse in absolute contract, impossibility by foreign law, no excuse, 378 effect of accidents subsequent to contract: analogy of contract to exception of accidents not contemplated by contract, 381, 8qq. 384 state of things at date of agreement not contemplated by parties, 386 sale of cargo lost at date of contract, 387 construction of covenants in mining leases, 388 where performance of services contracted for depends on life or anomalous treatment of contract to marry, 392 impossibility caused by default of promisor, equivalent to breach of by default of promisee, discharges promisor, and he may recover loss alternative contracts where one thing is or becomes impossible, conditional contracts where the condition is or becomes impossible, where condition of bond impossible, obligation is absolute, 402 alternative conditions in bonds where one is or becomes impossible, Indian Contract Act on impossible agreements, Note H., 683 INDIAN CONTRACT ACT: its definitions of agreement, &c., 648 on the communication, acceptance, and revocation of proposals, 649 INDIAN CONTRACT ACT-continued. on contracts of persons of unsound mind, 105 on promises for past consideration, 188 on discharge of contracts, 197 on parties to contract by agent, 121 on knowledge of agent being knowledge of principal, 109, n. provisions of, as to unlawful agreements, 681 provisions of, as to impossible agreements, 683 does not adopt English rule of market overt, 412, n. on material common mistake avoiding agreement, 455 on time being of essence of contract, 479 abolishes distinction between penalty and liquidated damages, 482 n. on sales by auction, 531 on responsibility of principal for fraud of agent, 544 on inadequacy of consideration, 587 on coercion, undue influence, fraud, misrepresentation and mis- on rescission of voidable contracts, 697 INFANTS: generally cannot bind themselves by contract, 50 general statement of the law, 50 contracts of, voidable at common law : no real authority for holding them in any case void, 51 bonds, 52 trading contracts, 53 contracts of service, 53 leases, 54 sales of land, 55 partnership, 55 marriage, 56 marriage settlements, 56 negotiable instruments and accounts stated, 57 infant cannot have specific performance, 58 at what time he may avoid his contracts, 58 See INFANTS' RELIEF ACT. liable on obligations incident to property; leases and railway shares, liable when contract for his benefit, 65 liable for necessaries, 66 what are necessaries, how ascertained, 67 question of fact, subject to question of law whether the things are prima facie necessary, 68 liability for necessaries on simple contract only, 72 what contracts infant can make by custom or statute, 72 |