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number of anomalous cases, the results, and generally undesigned results, of peculiar legislation or usages, in which an agreement is not an enforceable contract, and yet is something more than a bare promise having no legal effect at all (Ch. XII.). When we come to the construction, performance, and enforcement of contracts questions of another order arise. These are not dealt with in the present work except incidentally, or as they may occur in the debateable ground between rules of law and rules of construction.
As the definitions and language of the Indian Contract Act have in some places been less closely followed than in the former editions, it is perhaps desirable to say that my opinion of its value as a study for English lawyers, and of its practical merit as a codification of a large and complex branch of English law, remains unaltered. It will now hardly be thought needful to justify the free use which has been made of illustrations from Roman law. Some few additional ones will be found in the present edition.
To Savigny's great work I owe far more both in method and in details than I am able to express here.
In addition to my obligations to published writings, which I have endeavoured to acknowledge in their proper places, I have to thank Mr. A. Cohen, Q.C., M.P., and Prof. Bryce, M.P., for the private communication of valuable criticisms on the new matter now offered to my readers, and improved, as I trust, by the timely corrections which those criticisms have suggested.
5, New SQUARE, LINCOLN'S INN.
TABLE OF CONTENTS.
AGREEMENT, PKOPOSAL, AND ACCEPTANCE.
Subsequent contract after full age prevails
After-acquired separate estate not bound
Effect of cessation of coverture
Is separate estate liable for debts before marriage ?
Are ordinary forms of contract binding ?
Is the separate estate liable on quasi-contracts ?
Tendency of modern authority
3. Lunatics and Drunken Persons. Undisputed points
History of opinions as to contract of lunatic, &c., in general
Modern law : contract not void but voidable
Indian Contract Act
4. Convicts, &c.