INDIAN CONTRACT ACT—continued. on discharge of contracts, 160. makes wagers void, 252. provisions of, as to unlawful agreements, 319. provisions of, as to impossible agreements, 353. on material common mistake avoiding agreement, 397. on time being of essence of contract, 417. abolishes distinction between penalty and liquidated damages, 419, n. on parties to contract by agent, 441. on sales by auction, 475. on responsibility of principal for fraud of agent, 483. on inadequacy of consideration, 521. on coercion, undue influence, fraud, misrepresentation and mis- on rescission of voidable contracts, 545. INFANTS: generally cannot bind themselves by contract, 32. general statement of the law, 32. contracts of, voidable at common law no real authority for holding them in any case void, 33, 39. bonds, 34. trading contracts, 35. contracts of service, 35. leases, 35. sales of land, 36. partnership, 36. marriage, 37. marriage settlements, 38. negotiable instruments and accounts stated, 38. infant cannot have specific performance, 39, 42. at what time he may avoid his contracts, 39. liable on obligations incident to property; leases and railway liable when contract for his benefit, 45. liable for necessaries, 46. what are necessaries, how ascertained, 47. liability for necessaries on simple contract only, 51. what contracts he can make by custom or statute, 51, 52. not liable for wrong when the cause of action is substantially on a whether liable on contract implied in law, 53. liable in equity for representing himself as of full age, 54. but not to prejudice of subsequent valid contract, 56. INFANTS' RELIEF ACT: does not make ratification wholly inoperative, 41. INSURANCE: contract of, liberally construed in favour of true intention, 426. INSURANCE (FIRE) : contract of insurers to reinstate is unconditional after election made, implies condition that property is correctly described, 451. INSURANCE (LIFE): no such duty of disclosure as in marine insurance, INSURANCE (MARINE): 144. scamen's wages not insurable, 280. where voyage illegal to knowledge of owner, void, 296. voidable for material misrepresentation or non-disclosure, 449. the "slip" nevertheless recognized for collateral purposes, 563. how far material on question of unlawfulness of agreement, 316. covenants running with tenancy or reversion, 211, 212. lessor cannot resume possession actually delivered on discovering but may rescind if possession has not been delivered, semble, 296. rent payable though premises accidentally destroyed, 332. lessor is not bound to inform lessee of state of premises, 462. LAW MERCHANT: not invariable, 208. LEASE: of infant, voidable, 36. of tenements for unlawful purpose, no action on covenants, 295. LEX LOCI : requirement of stamp, how treated in foreign court, 261. marriage of domiciled British subjects wherever celebrated, governed by what local law the lawfulness of an agreement is determined, 308. LIMITATION, STATUTES OF: promise or acknowledgment by married woman cannot revive barred promise to pay debt barred by, 145. debts not extinguished, 548. right of action restored by subsequent acknowledgment, 549. acknowledgment operates as new promise in case under statute of otherwise of specialty debt under stat. of William IV., 550. applied according to lex fori, not lex contractus, 551. Q Q LONDON: custom of, as to infant apprentice, 46, 52. as to married women trading alone, 60. And see pp. 83, 124, n. LUNATIC: marriage of, void, 74. liable for necessaries, 74. contracts in lucid intervals and contracts prior to lunacy good, 74, 75. contract of, why only voidable though he has no agreeing mind, 378. MAINTENANCE: definition of; it includes champerty, 270. what amounts to, 275, 277. statute of Henry VIII. against buying pretended titles, 275. what dealings are within the statute, 276. no maintenance without unlawful intention, 278. may be justified by kindred or affinity, 278. MAJORITY : abuse of corporate powers by, 105. MARRIAGE : of infants, 37. within prohibited degrees, void, 233. agreements in general restraint of, void, 281. conditions in restraint of, 282. polygamous, not recognized by English Divorce Court, 310. illness unfitting for, does not avoid contract to marry, 313. contract to marry not uberrimæ fidei, 463. not rendered invalid by fraud, 475. informal agreements in consideration of, how far made valid by MARRIED WOMEN : at common law cannot contract, 56. acquisition of things in action by, 57. renewed promise by, cannot revive barred debt, 58. exceptions: queen consort, 58. wife of person civilly dead, 58. ,, of alien who has never been in England, 59. custom of London as to sole trader, 60. exceptional contracts with husband as to separation, 60. statutory exceptions: judicial separation, etc., 61. Married Women's Property Act, 61. SEPARATE ESTATE (which see), 62. agreement by to execute power, apart from separate use, 73. MEDICAL PRACTITIONERS: regulations of Medical Act as to their right of remuneration, 568. presumption of influence in gifts, &c., from patients, 515. MINES: construction of unqualified covenants to work, 339. MISREPRESENTATION: producing fundamental error, makes agreement void as against third fraudulent or non-fraudulent, 444. general doctrines of common law and of equity, 445, 416. distinction of it from mere non-disclosure, 446, 453, 460, 469. special rules as to, in contracts of insurance, 449. in contract of suretyship, 451. in contract for sale of land, 454. rules of equity as to performance with compensation, 455. in contract to take shares, 462. effect of on contracts in general, 463, 8q7. when it is an actionable wrong, 463, 466. material, though innocent, makes contract voidable in equity, 467. MISTAKE: And see RESCISSION. in general has no particular legal consequences, 358. does not as a rule avoid liability, 359. certain exceptions to this for protection of persons acting under sometimes a condition of title: purchase for value without notice, does not as a rule alter existing rights of the party or of other mistake in construction by parties does not alter contract, 365. special cases where it is of real importance, 366. mistake of fact and of law, 367. the distinction is really of limited application, 368. cases where it is not applicable, 369. it does apply inflexibly to recovering back money paid by mistake, 371. and in equity as well as at law, 372. mistake excluding true consent, 372. as to nature of transaction, 374. as to its legal character (as whether sale or gift), 380. as to person of the other party, 380. partial exceptions to the rule in assignment of contracts and agency 383, 385. MISTAKE —continued. as to subject-matter of the contract, 386. or as to kind or quantity, 391. or other material attribute of subject-matter, 393. when error must be common to avoid agreement, 393. as to existence of subject-matter, 397. agreements to purchase or pay rent for property really one's own, where fundamental error produced by misrepresentation, 403. rights and remedies of parties, where agreement void for fund - election to adopt agreement, 405. mistake in expression of true consent, 406, 897. correction of obvious mistakes by ordinary construction, 407. restriction of general words and releases, 414. in expression of contract, a bar to specific performance, 419. MONEY PAID : by infant under voidable contract, cannot be recovered after contra t under UNLAWFUL AGREEMENT (which see) when it can be recovere in actual ignorance of fact though with means of knowledge, with knowledge of facts, though under mistake of law, not recoverab le cannot be recovered back where former state of things cannot be under compulsion, recoverable, 502. under informal agreement within s. 4 of Statute of Frauds, n t for small debts within Tippling Act, not recoverable, 575. MONEY RECEIVED: action for, lies against corporation, 136. MORTGAGE: treatment of in equity, 417. the Court will treat nominal sale as, if such is true intention, 418. NECESSARIES: liability of infant for, 46, sqq. articles being capable of real use not a sufficient test, 49. apparent means of buyer not material, 49. not confined to goods, 50. liability of lunatic for, 74. |