페이지 이미지
PDF
ePub

PREFACE

TO

THE THIRD EDITION.

ON offering the Third Edition of this work to the public, it is necessary that some apology should be made for the delay which has occurred since it was first advertised as preparing for publication :-A period of six years having elapsed since the second edition made its appearance, the accumulation of new cases was great, and the consideration of them occupied a much longer time than had been anticipated. It may be observed that the work has increased in bulk; this was also unavoidable, as the Editor has endeavoured, by noticing all the modern cases, and many

of them at some length, to carry out the Author's intention of rendering the work useful, not merely as a treatise on the principles affecting the law of contracts, but as a useful book of reference and a companion in court or on the circuit. He trusts that such has been the result of his labours; at all events, that the high character which the work bad gained will not have suffered by the alterations and additions he has made.

Some parts of the work have been entirely rewritten, and the Index and Table of Cases have been remodelled; the Editor has, however, retained as much of the original text as he consistently could.

Whilst the work has been in the progress of printing, some few cases have necessarily been reported; these the Editor has been enabled, where they have effected any material alteration in the body of the work, to introduce by cancelling the pages to which they have reference; others, which are merely confirmatory and illustrative of the principles laid down in the text, have been collected in the Addenda. The Editor, therefore, trusts that the work may be found to contain a reference to all the cases which have been reported on the subjects discussed up to the present moment.

TOMPSON CHITTY.

6, Pump COURT, TEMPLE,

Notember 2, 1840.

PRE FACE

TO

THE SECOND EDITION.

I HAVE endeavoured to render this work not only an elaborate and complete treatise on the principles of the Law of Contracts, illustrated and explained by practical cases, but also a useful Nisi Prius book on the very many important subjects which it embraces.

In order to attain the former object, I have carefully examined the most approved elementary works upon Contracts, — Foreign and English,—and the many excellent judgments pronounced by our courts in reported cases.

With the same view I have in general attempted to explain the reasons upon which the cases referred to have been determined; to reconcile decisions apparently of a conflicting nature; and to point out those cases which seem not to be supported by principle.

That the work may aspire to some rank amongst practical Nisi Prius publications, I have in this Edition not only given with great care the facts of the more important or leading cases, so that the work itself may furnish ready grounds for argument, and easy means of correcting any false deduction, or explaining any obscurity of the author,—but I have also introduced many additional subjects, and amplified such as appeared to me to be too slightly noticed in the former edition :-I allude chiefly to the law affecting contracts for the sale of Real Property ;-and that relating to Landlord and Tenant:-Fixtures;—Husband and Wife;-Partners ;-Principal and Agent;Principal and Surety, or Guarantees and Indemnities;—the Sale of Goods;—the Action for Money had and received ;--and Carriers. The Stamp Law as it relates to agreements, and receipts, is fully stated.

The law of Defences to Actions for Debts and upon Special Contracts, has also been detailed with considerable diffuseness. No pains have been spared to render this part of the treatise practically useful. Not only are the nature and validity of each probable ground of defence fully considered, but the mode of pleading and of proving such defence is also explained.

The Index has been prepared with great care, and will, it is hoped, give ready access to the contents of the work.

6, Pump Court, TEMPLE,

22d May, 1834.

ANALYSIS.

44

[ocr errors]

.

[ocr errors]

SECTION I.Of the Different kinds of Contracts, and of the Nature and

Common Law Requisites in general of a Contract not under Seal.

PAGE

PAGE

Definition of the terms Obliga-

The Prevention of Liti-
tions" -“ Contract

gation
Agreement"_"Promise" 1 A Promise for a Promise46

1. Contracts of Record : 2

A Moral Obligation 47

2. Contracts under Seal

3

Of gratuitous Promises 50

3. Simple Contracts, or Con-

Of the Plaintiff being a

tracts not under Seal

4

Stranger to the Consi-

Contracts not under Seal.

deration

53

1. Of the Assent of the Parties 9

Of impossible Considera-

2. Of the Consideration 27

tions

57

Nature and different kinds

of Considerations void in

of

27

Part.

60

A Benefit to Defendant, or Of Consideration in regard to

Loss to the plaintiff, and

Time.

to what extent

30

1. Past or erecuted 61

Forbearance

35

2. Erecutory

63

Intrusting another with

3. Concurrent

63

Property

38

4. Continuing

64

Assignment of a Debt or
Right

42

Section II.- Of the Form of a Contract not under Seal :-How affected

in General by the Statute of Frauds :—and of the Construction of

Agreements.

In General

65 The whole of the Agreement to

Writing when necessary in General 66 be considered

84

Of the Construction of Contracts.

Lex Loci

90

In General

74 Construction against the Con-

The Construction shall be rea-

tractor

96

sonable

75 Implied Attributes of Agree-

And liberal

79

ment

98

And fuvourable

80 Of Parol Evidence to contradict,

The popular Sense of Words to

&c., a written Agreement 99

be adopted .

81
Section III. –Of stamping Agreements.

The Statute

. 114

per, or a second Agreement,

1. What Agreements require a

&c.

123

Stamp

115 3. Of the Omission to stamp an

2. Of Stamps in Case of several

Agreement

126

Agreements upon one Pa-

When stamped, &c.

129

4. Of the Exemptions . . 130

.

.

« 이전계속 »