CANCELLATION : of instruments by courts of equity, 499. "CATCHING BARGAINS :" rules of equity as to, 532. what are marks of, 533. on what terms borrower relieved, 535. CHAMPERTY: definition of, 270. what amounts to, 271. bargains to find means for litigation and share property recovered, solicitor cannot purchase subject-matter of the suit from his client, purchase of subject-matter of litigation, not in itself unlawful, 274. not justified by kinship, 278. CHOSE IN ACTION: why formerly not assignable, 196. CIVIL DEATH: meaning of, 58. wife of person civilly dead can sue alone, 59. COERCION: money paid under, recoverable though the transaction otherwise and though circumstances do not amount to duress, 502. COMPANIES : when and how bound by agreements of promoters, 183. COMPANIES ACT, 1862: company under, cannot bind itself by contract for purposes foreign COMPANY: has prima facie power to mortgage its property, 103. powers of directors, &c., limited by principles of partnership, 104. when bound by negotiable instruments, 113, 114. And see CORPORATION. purchase of shares in order to sue company or directors at one's own contract to take shares in not void, but only voidable, 386, 390. sale of shares in, avoided by petition for winding-up unknown to COMPANY-continued. duty of directors, &c., to state facts truly in prospectus, 462. statements of prospectus binding only as against original share. repudiation of shares in, when too late, 491, 494, 497. COMPENSATION : for misdescription on sale of land, 454. See SPECIFIC PERFORMANCE. COMPROMISE: of criminal proceedings when lawful, 266. of civil proceedings, void when improperly procured, 267. cannot be set aside for mistake or oversight as to particular points of consideration for, 162. CONDITION : to be performed by stranger, must be performed at obligor's peril, 328. treatment of impossible conditions in bonds, 351. alternative conditions where one becomes impossible, 352. CONDITIONS: in restraint of marriage, 282. CONDITIONS OF SALE: effect of, on right to compensation, 455, 457. CONFIRMATION : of infant's marriage settlement, 38. CONFLICT OF LAWS: as to lawfulness of agreement, 308, sqq. CONSIDERATION: the doctrine peculiar to English law, 147. possible connexion with the causa of Roman law, 149. gradual formation of the doctrine, 150. connexion with the learning of uses, 152. points more lately settled; contracts in writing, 158. promises founded on moral duty, 153. adequacy not material, 154. consideration may be contingent, 156. reciprocal promise as consideration, 156. promise must be enforceable, 157. CONSIDERATION-continued. how far promise to perform existing duty can be consideration, how far required for discharge of contracts, 160. for variation of contracts, 160. abandonment or forbearance of rights, 161. forbearance must be definite and of a really disputed right, 162. illicit cohabitation, if future, an unlawful consideration; if past, no for agreement for separation, 247. for agreement in partial restraint of trade, sufficient if of some value, 288. unlawful, makes whole agreement void, 293. forbearance to enforce racing debts in conventional forum, whether a good, 319. failure of, the true ground for recovering back compulsory payments, 502. inadequacy of, whether ground for refusing specific performance, 522. rules of, common to law and equity: general intent prevails, 407. peculiar rules of in equity, 413, 897. CONTRACT: definition of, 5, 6. conclusion of, may be postponed until execution of formal instrument, 24. form of, 116, 877- See FORMAL CONTRACTS. procedure upon, in early English law, 122. consideration for discharge or variation of, 160. who may sue and be sued upon, 167, 8qq. parties must be ascertained at time of contract, 169. contracts by advertisement, 170. later extensions of the doctrine, 173. difficulties raised by the modern cases, 176. effect of Statute of Frauds on contracts by advertisement, 181. third persons not bound, 182. third persons not entitled by the contract itself, 186. third person cannot sue at law on contract made for his benefit, 190. state of authorities in equity, 191. attempts to enable a stranger to sue for convenience of parties, 193. under Judicature Act, by rules of equity, or by special statutes, 197. CONTRACT-continued. what is meant by assignments being subject to equities, 200. assignment may be free from equities by agreement of parties, 202. but not negotiable, 205. nature of, in partnership with transferable shares, 209. in bill of lading, transferable by indorsement, 211, 214. See AGREEMENT, UNLAWFUL AGREEMENTS. forbidden by statute, 234. malum prohibitum and malum in se, 236. agreement may be not void though forbidden, 240. unconditional, not excused by performance being in fact impossible, 330. when held conditional on performance being or remaining possible, See IMPOSSIBLE AGREEMENTS. ambiguous, construction acted upon by parties will be adopted, 366. in writing, cannot be varied by verbal agreement, 411. but may be verbally waived in equity, qu. whether at law, 411, n. when voidable for MISREPRESENTATION (which see), 446, 463, 8qq. representations, &c., not amounting to, may be binding as estoppel, requiring stamp, variation of, by subsequent unstamped agreement, CONTRACT BY CORRESPONDENCE: how and when completed, 13, 8qq. present state of the law as to, 16. COPYHOLDER: infant, must pay fine, 44. COPYRIGHT: assignments of, 143. CORPORATION: sole and aggregate, 82. can act only by agent, 84. but may be liable ex delicto for acts of its agents, 85. consequences of the distinction of it from its existing members, 86, 87. powers of, how modified by rights of dissenting members, 91. by considerations of public policy as to purposes of incorporation, 93. CORPORATION-continued. and as to the interest of the public as investors, 94. capacities incident to incorporation generally, 97. created for special purposes: meaning of ultra rires, 101. cannot bind itself by negotiable instruments, 112. unless by special provisions or as a necessary part of its business, 114. bound by estoppel, &c., 115. contracts formerly required to be under seal, 127. exception as to contracts in course of trade, 130. in case of non-trading corporations as to contracts incidental to contracts of municipal corporations, 133. appointments to offices, 134. may sue upon executed contract though not originally bound, 135. statutory forms of contract, 136. whether seal equivalent to signature for making negotiable instru CORRESPONDENCE. See CONTRACT BY CORRESPONDENCE. COVENANT : to pay money under unlawful agreement, void though distinct from the original agreement, 298. when covenants run with land, 211. difference between common law and equity, 214. CUSTODY OF CHILDREN: agreements as to, how far valid, 278. CUSTODY OF INFANTS ACT, 280. CUSTOMS OF LONDON: as to infant apprentice, 46, 52. as to married women trading alone, 60. certain securities taken by chamberlain go to successor, 83. DEBT action of, 122, 123. DECEIT, ACTION OF : may lie against corporation, 85. DEED: why it cannot be written on wood, 125. |