FIRES: See ASSURANCE FISH, As to liability in respect of injuries through accidental 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, 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. 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. Provision of 13 Eliz. c. 5, and decision in Twynne's An instrument may be a fraud under 13 Eliz. c. 5, Provision of 27 Eliz. c. 4, 256. This last statute does not apply to pure personalty, 256. Ex dolo malo non oritur actio, 256, 257. Position as to a false representation if believed to be Need not go to the whole of the contract, 258. In pari delicto potior est conditio defendentis et possi- FRAUD-continued. If a person obtains goods by fraud and disposes of them But otherwise if property in the goods passed, 304. Provisions of, generally, 40-47, 82. As to the memorandum required by the, 47, 48. Provisions of, as to land, 40, 41, 51-56. Provisions of, as to goods, 83-86. 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, GENERAL AVERAGE, 170. GENERAL DAMAGES: See DAMAGES. GENERAL OR PUBLIC INTEREST, To prove matters of, hearsay evidence is admitted, 425. Contracts for the sale of, generally, 77-86. When the property in goods passes, and effect thereof, Provisions of Statute of Frauds as to, 82. GOODS-continued. Provisions of Lord Tenderden's Act as to, 82, 83. 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- GOODWILL, Sale of, and right of vendor as to setting up fresh GRACE, Days of, 148. No days of, in the case of instruments payable on 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, 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. IMMORAL CONTRACTS Are always void, 264. IMPLIED CONTRACT, 18, 19, 59, 60. IMPOSSIBLE CONSIDERATION, 38, 39. IMPRISONMENT: See FALSE IMPRISONMENT. 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. Position of an infant who continues a marriage engage- What are necessaries, 199. Who is liable for necessaries when infant residing with As to whether liable for money lent to buy necessaries, Nor merely on account of representation that he is of Never liable on bills or notes, 201. Infancy is a personal privilege, 201. Position of, in respect of contract to buy or sell land, Contracts to marry by, and marriage of, 202. INFIDELS Can now give evidence under provisions of 32 & 33 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. 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. |