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FREDERICK POLLOCK,

OF LINCOLN'S INN, ESQ., BARRISTER-AT-LAW;

LATE FELLOW OF TRINITY COLLEGE, CAMBRIDGE; AND HONORARY DOCTOR OF LAWS
IN THE UNIVERSITY OF EDINBURGH.

"This notion of Contract is part of men's common stock even outside the field of legal
science, and to men of law so familiar and necessary in its various applications that we
might expect a settled and just apprehension of it to prevail everywhere. Nevertheless
we are yet far short of this."-SAVIGNY, System des heutigen römischen Rechts, ý 140.

LONDON:

STEVENS AND SONS, 119, CHANCERY LANE,
Law Publishers and Booksellers.

1881.

TO

MY MASTER IN THE LAW

THE HON. SIR NATHANIEL LINDLEY, KNIGHT,

ONE OF HER MAJESTY'S JUSTICES OF THE

HIGH COURT OF JUSTICE,

I DEDICATE

THE FIRST FRUITS OF HIS TEACHING.

INTRODUCTION.

THE previous editions of this book were introduced by a kind of apology for its existence. To repeat this now would, in the face of a demand for a third edition within little more than five years of the first publication, be an ill compliment to the discernment of the profession. The best reward of difficult work is the approval of competent persons. Those who have been fortunate enough to meet with such approval may show their gratitude in better ways than by affecting to think that their work was wholly unworthy of the favour bestowed on it. One way, and perhaps the best, is to use diligently whatever opportunities present themselves of making not only the corrections and additions which become necessary from time to time, but substantial improvements. This I have endeavoured to do in the present edition, acting, so far as I could attain to putting it in practice, on the principle that an author should be his own severest critic. Most of the topics of general importance discussed in the book have been reconsidered with regard not only to the bearing of the latest authorities on them, but to the fitting treatment and disposition of them on principle. The results of this review have been various in different parts of the work. Sometimes considerable passages have been

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