페이지 이미지
PDF
ePub

FIRES: See ASSURANCE

FISH,

As to liability in respect of injuries through accidental
fires, 298, 384.

As to property in, 306, 307.

FIXTURES,

What are, 60.

Must be removed during tenancy, 60.

Originally fixtures not removable, 61.

Cases in which they are now removable, 61-63.

Agricultural fixtures, 61-63.

Contracts for the sale of, need not be in writing, 63. 64.

When a mortgage requires registration as a bill of sale,
64.

FOREIGN AND INLAND BILLS,

Differences between, 158.

FORFEITURE OF LEASES,

Relief in respect of, 74, 75

FORGERY,

No title can be obtained through, 156, 157.

FRAUD,

Position with regard to Statutes of Limitation, 242.
Definition of, in law, and what representations sufficient

to constitute, 251, 252.

May be legal or moral, 252.

Legal without moral fraud not sufficient, 252.

As to liability of plaintiff for his agent's fraud, 253.
Difference between a false representation and a war-
ranty, 254.

Provision of 13 Eliz. c. 5, and decision in Twynne's
Case, 254, 255.

An instrument may be a fraud under 13 Eliz. c. 5,
even as against subsequent creditors, 256.

Provision of 27 Eliz. c. 4, 256.

This last statute does not apply to pure personalty, 256.
Recent decisions on it as to leaseholds, 256.

Ex dolo malo non oritur actio, 256, 257.

Position as to a false representation if believed to be
true, 257.

Need not go to the whole of the contract, 258.

In pari delicto potior est conditio defendentis et possi-
dentis, 258.

FRAUD-continued.

If a person obtains goods by fraud and disposes of them
to an innocent party, yet the latter is liable to be
sued, 304.

But otherwise if property in the goods passed, 304.
FRAUDS, STATUTE OF,

Provisions of, generally, 40-47, 82.

As to the memorandum required by the, 47, 48.
When an agent within, must be authorized by writing,
48.

Provisions of, as to land, 40, 41, 51-56.

Provisions of, as to goods, 83-86.

[blocks in formation]

As to property in, 307.

Provisions of Ground Game Act, 1880, 307.

GAMING CONTRACTS, 266.

Difficult to sometimes determine whether a contract is

by way of gaming, 266, 267.

Cases on the subject, 240.

As to the position of a stakeholder, 267-269.

What is a lawful game within 8 & 9

18, 269.

Vict. c. 109, sect.

As to horse-racing and lotteries, 269, 270.

Bills or notes given for gaming contracts are not void,
but to be taken as upon an illegal consideration, 270.
Wager policies, 271.

GENERAL AVERAGE, 170.

GENERAL DAMAGES: See DAMAGES.

GENERAL OR PUBLIC INTEREST,

To prove matters of, hearsay evidence is admitted, 425.
Goods,

Contracts for the sale of, generally, 77-86.

When the property in goods passes, and effect thereof,
77-81, 250, 304.

Provisions of Statute of Frauds as to, 82.

GOODS-continued.

Provisions of Lord Tenderden's Act as to, 82, 83.
As to an acceptance and receipt of goods within the
17th section of the Statute of Frauds, 83-86.
Rights of vendor for breach by vendee, 91, 92.

As to warranty, 92–96.

Torts affecting-two divisions of, 302.

Title to goods, 303-308.

Sale in market overt, 303.

Distinction between trespass and conversion, and par-

ticular instances, &c., 308-313.

Interpleader, 314, 315.

Justification of trespass or conversion, 315-317.

Miscellaneous points as to, including defence and re-
caption, 317-321.

GOODWILL,

Sale of, and right of vendor as to setting up fresh
business and soliciting former customers, 260.

GRACE,

Days of, 148.

No days of, in the case of instruments payable on
demand, at sight, or on presentation, 148.

GROUND GAME, 307.

GUARANTEE: See SURETY.

Must always be in writing, by Statute of Frauds, 41,

42.

A promise made to a debtor himself, however, need not

be, 42.

Provision of Mercantile Law Amendment Act as to,
42, 43.

H

HACKNEY CARRIAGES,

Position of person letting out, 369.

HANDWRITING,

Comparison of, 439, 440.

HEARSAY EVIDENCE,

Definition of, 424.

Cases in which it is admitted, 425-430.

HOLDING: See LANDLORD AND TENANT.

A defendant to bail in a civil action, 338, 339.

HORSE,

Special provisions as to the sale of, 304.

HOUSE,

Condition on taking a furnished house, 76.

HORSE-RACING, 269.

HUSBAND: See MARRIED WOMAN.

Liability of, and position generally with regard to his

wife, 203-215.

I

IDIOT: See NON COMPOS MENTIS.

Distinction between, and lunatic, 215.

Cannot give evidence, 436.

ILLEGALITY

Makes a contract void, 258, 259.

The doctrine of estoppel does not prevent it being set

up, 259.

Is never presumed, 259.

Is of two kinds, 260.

As to contracts in restraint of trade, 260-264.

Other particular cases of, 264-271.

An illegal instrument cannot be confirmed, 272.
Non-stamping of an instrument does not render it
illegal, 272.

IMMORAL CONTRACTS

Are always void, 264.

IMPLIED CONTRACT, 18, 19, 59, 60.

IMPOSSIBLE CONSIDERATION, 38, 39.

IMPRISONMENT: See FALSE IMPRISONMENT.
For contempt of Court, 335, 336.

Cases in which imprisonment for debt still allowed,

336-338.

Distinction from arrest, 339.

INDEMNITY,

When it can be claimed by a wrong-doer, 283, 284.

INDICTMENT,

What it is, 294.

INDIRECT AND DIRECT EVIDENCE,

Difference between, 421, 422.

INFAMOUS CHARACTER,

Persons of, may yet give evidence, 433, 434.

INFANTS,

Who are, 196.

Liability of, on their contracts, 196–202.
Provisions of Infants' Relief Act, 1874, 197.

Position of an infant who continues a marriage engage-
ment after coming of full age, 198.

What are necessaries, 199.

Who is liable for necessaries when infant residing with
his parents, 200.

As to whether liable for money lent to buy necessaries,
200, 201.

Nor merely on account of representation that he is of
age, 201.

Never liable on bills or notes, 201.

Infancy is a personal privilege, 201.

Position of, in respect of contract to buy or sell land,
201, 202.

Contracts to marry by, and marriage of, 202.

INFIDELS

Can now give evidence under provisions of 32 & 33
Vict. c. 68, 432, 433.

INFORMATION,

What it is, 294.

INJURIA SINE damno,

Meaning of, 3, 276.

INLAND AND FOREIGN BILLS,

Differences between, 158.

IN PARI DELICTO POTIOR EST CONDITIO DEFENDENTIS ET POSSI-

DENTIS, 258.

INNKEEPER,

Definition of, 112.

His liability at Common Law, 112.
Reason of this extensive liability, 112.

Calye's Case, 112, 113.

Provisions of the Innkeepers' Act, 113.

Has a lien on his guest's property but not his person,

113, 114.

Provisions of the Innkeepers' Act, 1878, 87, 88, 114.

« 이전계속 »