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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,
272.

solicitor cannot purchase subject-matter of the suit from his client,
273.

purchase of subject-matter of litigation, not in itself unlawful, 274.
proceedings in lunacy; exceptional, 277.

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
unlawful, 306.

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
to the memorandum of association, 95, 111.

COMPANY:

has prima facie power to mortgage its property, 103.

powers of directors, &c., limited by principles of partnership, 104.
how far third persons are bound to know these limits, 106.
ratification of irregular transactions by assent of shareholders, 108.
under Act of 1862, incapable of contracting for purposes not within
memorandum of association, 111.

when bound by negotiable instruments, 113, 114.

And see CORPORATION.

purchase of shares in order to sue company or directors at one's own
risk is not maintenance, 275.

contract to take shares in not void, but only voidable, 386, 390.

sale of shares in, avoided by petition for winding-up unknown to
parties, 398.

COMPANY-continued.

duty of directors, &c., to state facts truly in prospectus, 462.
transfer of shares invalid when directors' consent obtained by fraud, 476
when bound by statements of directors, &c., 483.

statements of prospectus binding only as against original share.
holders, 485.

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
law, 369.

consideration for, 162.

CONDITION :

to be performed by stranger, must be performed at obligor's peril, 328.
impossible or necessary, 349.

treatment of impossible conditions in bonds, 351.

alternative conditions where one becomes impossible, 352.
representations amounting to, their nature and effect, 447.

CONDITIONS:

in restraint of marriage, 282.

CONDITIONS OF SALE:

effect of, on right to compensation, 455, 457.

CONFIRMATION :

of infant's marriage settlement, 38.
And see ACQUIESCENCE.

CONFLICT OF LAWS:

as to lawfulness of agreement, 308, sqq.
as to existence of remedy, 551, 554, 570.

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,
157-159.

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.
application of the doctrine in equity to contracts under seal, 163.
specific performance of voluntary agreement not granted, 164.
external evidence of, 164.

illicit cohabitation, if future, an unlawful consideration; if past, no
consideration, 244.

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.
CONSTRUCTION:

rules of, common to law and equity: general intent prevails, 407.
what is a rule of, 409.

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.
assignment of contract, 195.

under Judicature Act, by rules of equity, or by special statutes, 197.
rules of equitable assignment : notice to debtor, 198.

CONTRACT-continued.

what is meant by assignments being subject to equities, 200.

assignment may be free from equities by agreement of parties, 202.
instruments may be made transferable, 203.

but not negotiable, 205.

nature of, in partnership with transferable shares, 209.

in bill of lading, transferable by indorsement, 211, 214.
Unlawful, Ch. VI.

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.
to pay rent, not avoided in English law by accidental destruction of
premises, 332.

when held conditional on performance being or remaining possible,
336, 8q7.

See IMPOSSIBLE AGREEMENTS.

ambiguous, construction acted upon by parties will be adopted, 366.
satisfaction by stranger, whether a bar to subsequent action upon, 383.
personal, cannot be assigned, 385.

in writing, cannot be varied by verbal agreement, 411.

but may be verbally waived in equity, qu. whether at law, 411, n.
apparent, where document not meant to operate as, 412.

when voidable for MISREPRESENTATION (which see), 446, 463, 8qq.
And see RESCISSION.

representations, &c., not amounting to, may be binding as estoppel,
558, 561.

requiring stamp, variation of, by subsequent unstamped agreement,
565.

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.
what is the presumption of common law as to general competence of,
88, 90.

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.
modern authorities on powers of, considered, 96, 877.

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
purposes of incorporation, 132.

contracts of municipal corporations, 133.

appointments to offices, 134.

may sue upon executed contract though not originally bound, 135.
liable on contract implied in law, 136.

statutory forms of contract, 136.

whether seal equivalent to signature for making negotiable instru
ments, 207.

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.
as to leases, 124, n.

DEBT action of, 122, 123.

DECEIT, ACTION OF :

may lie against corporation, 85.
what is ground for, 463.

DEED:

why it cannot be written on wood, 125.
whether within Statute of Frauds, 142.
of agent, principal not liable on, 431.

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