ÆäÀÌÁö À̹ÌÁö
PDF
ePub

AGREEMENT-continued.

of LUNATIC not so found by inquisition (which see) not void, but
voidable, 92.

UNLAWFUL (which see), Ch. VI.

unlawful, the different classes of, 232.

See UNLAWFUL AGREEMENTS.

against PUBLIC POLICY (which see), 271, sqq.

See also CHAMPERTY; MARRIAGE; RESTRAINT OF TRADE.

IMPOSSIBLE, 350, sqq.

See IMPOSSIBLE AGREEMENTS.

conditions affecting validity of consent, 390.

See MISTAKE, &c.

where there may be an apparent, but no real consent and no con-
tract, 411.

election to adopt, where originally void, 450.

parol addition to or variation in terms of-effect as regards specific
performance, 468.

informal, execution of, may be good consideration or accord and
satisfaction, 610.

effect of part performance, 611.

ante-nuptial, how far made binding by post-nuptial
settlement, 613.

Savigny's definition of, considered, 635.

AGREEMENTS OF IMPERFECT OBLIGATION:

their nature and effects, 597, 8qq.

conflict between lex fori and lex contractus, 603, 606, 625.
general results as to, 634.

ALIEN:

wife of, when she can contract as feme sole, 82.

enemies, disabled from suing here but not from contracting, 95.
ANNUITY: agreement to give, charged on land, implies personal
covenant for repayment, 225.

APOTHECARIES: cannot recover charges unless properly qualified at
time of services, 623, 624, n.

ARBITRATION:

agreements for reference, now practically enforceable, 291.

right of action may be conditional on award, 292.

ARBITRATOR: can recover remuneration on express contract, 626.

ARTIFICIAL PERSON:

nature of, 110.

partnerships and other bodies treated as, by custom though not
by law, 112.

separate estate of married woman, analogous to, 649.

And see CORPORATION.

ASSIGNEE:

rights of, under contract, 206, sqq.
takes subject to equities, 211.

rule may be excluded by agreement, 213.

ASSIGNMENT:

of CONTRACT (which see), 188, sqq.

of pensions, &c. void, 287.

ASSUMPSIT: action of, its introduction, 142.

ATTORNEYS AND SOLICITORS. See SOLICITOR.

AUCTION:

sale by, formation of contract in, 13.
where sale without reserve, 15.

effect of misleading particulars at, 502.
employment of puffers at, 518.

AWARD:

whether stranger can be bound by, 193.

mistake in, can be rectified only by the Court, 404.

BANKRUPTCY :

loan obtained by infant under pretence of full age, provable in, 78.
anomalous effects of, on contractual rights, 197.

secret agreements with particular creditors void, 240.

laws, attempts to evade, 255.

BARRISTER:

fees of, for advocacy not recoverable from client, 626.

for non-litigious business, qu., 627.

fees paid by client to solicitor, whether recoverable by counsel,
628.

judicial notice of counsel's fees in taxing costs, 629.

BILL OF EXCHANGE:

infant's, not void but voidable, 58.

is not an equitable assignment, 651, n.

is an unconditional order in writing, 157.

acceptance of, must be in writing and signed, 157.
cheque is a, 219.

And see NEGOTIABLE INSTRUMENTS.

BILL OF LADING:

transfer of contract by indorsement of, 224.

is not properly negotiable, 227.

effect of misdescription of goods in, 492.

BILLS OF SALE, 163.

BOND:

of infant, voidable, not void, 53.

with unlawful condition, void, 328.

is absolute if the condition is impossible at the time, but dis-
charged if it subsequently becomes impossible, 387.

with alternative conditions, where one impossible, 388.

of foreign government treated as negotiable instrument by English
law, 220.

BRACTON: his theory of fundamental error, Note L.

BROKERS: statutes affecting, 683.

CANADA (LOWER): Civil Code of, 674.

CANCELLATION of instruments by courts of equity, 552.

CARGO: sale of, when previously lost, 371.

"CATCHING BARGAINS":

rules of equity as to, 584.

what are marks of, 585.

on what terms borrower relieved, 587.

CAUSA:

in Roman law of contract, 135.

its relation to cause in modern French and consideration in English
law, 137, 673.

CHAMPERTY:

definition of, 293.

what amounts to, 295.

bargains to find means for litigation and share property recovered,

296.

solicitor cannot purchase subject-matter of the suit from his client,
297.

purchase of subject-matter of litigation, not in itself unlawful, 298.
statute of Henry VIII. against, 300.

proceedings in lunacy exceptional, 302.

not justified by kinship, 303.

rules against, whether applicable to agreements made abroad, 345.

CHARTER-PARTIES:

express exceptions in, 373.

conditions in, 489.

CHEQUE:

is a bill of exchange, 219.

effect of crossing with words "not negotiable," 221.

CHILDREN:

right of, to enforce provisions for their benefit in settlements, 199.
custody of, agreements as to, 304.

CHOSE IN ACTION:

why formerly not assignable, 206.

early authorities on assignment of, Note G.

CIVIL DEATH,

meaning of, 81, n.

wife of person civilly dead can sue alone, 81.

COERCION:

contracts entered into under, voidable in equity, 392.

money paid under, recoverable, though the transaction otherwise
unlawful, 336.

and though circumstances do not amount to duress, 555.

COMPANIES ACT, 1862: company under, cannot bind itself by contract
for purposes foreign to the memorandum of association, 127, 670.

COMPANY:

general powers of incorporated, 120.

limited by special purpose of incorporation, 124.

has prima facie power to mortgage its property, 661.

powers of directors, &c. limited by principles of partnership, 122.
rights of dissenting shareholders, 123.

how far third persons are bound to know limits of directors' au-
thority, 123, 664.

ratification of irregular transactions by assent of shareholders, 667.
under Act of 1862, incapable of contracting for purposes not
within memorandum of association, 127, 670.

when bound by negotiable instruments, 128, 130.

And see CORPORATION.

when bound by promoters' agreements, 192.

unincorporated, power of, to sue by public officer, 199.

transferable debentures, &c. issued by, 214.

purchase of shares in order to sue company or directors at one's
own risk is not maintenance, 300.

contract to take shares in, not void, but only voidable on ground
of error, &c., 428.

sale of shares in, avoided by petition for winding-up unknown to
parties, 442.

duty of directors, &c. to state facts truly in prospectus, 508.

duty of promoters to make full disclosure, 509.

transfer of shares invalid when directors' consent obtained by
fraud, 519.

when bound by statements of directors, &c., 532.

COMPANY-continued.

statements of prospectus addressed only to original shareholders,
534.

repudiation of shares in, when too late, 433, n., 542, 546.
(winding-up of) secret agreement to delay proceedings void, 290.

COMPENSATION:

for misdescription on sale of land, 497.
purchaser can recover after completion, 498.

See SPECIFIC PERFORMANCE.

COMPROMISE :

consideration for, 181.

of criminal proceedings when lawful, 289.

of civil proceedings, void when improperly procured, 290.
cannot be set aside for mistake or oversight as to particular points
of law, 407.

by law of France must be in writing, 671.

CONDITIONS:

special, on ticket, &c., how far binding on party taking the docu-
ment, 46.

in restraint of marriage, 309.

to be performed by stranger, must be performed at obligor's peril
356.

impossible or necessary, 384.

treatment of impossible conditions in bonds, 386.

alternative conditions where one becomes impossible, 388.

representations amounting to, their nature and effect, 486, 488.

CONDITIONS OF SALE: effect of, on right to compensation, 497.
CONFIRMATION: of infant's marriage settlement, 58.

And see ACQUIESCENCE.

CONFLICT OF LAWS:

as to lawfulness of agreement, 339, sqq.

how far foreign law will be admitted to decide lawfulness of agree-
ment made abroad, 341.

effect of change of law, 346.

as to existence of remedy, 603, 606, 625.

CONSENT:

for legal agreement, requisites of, 2.

ways of declaring, 4.

to contract, conditions affecting validity of, 391.

CONSIDERATION:

general character of, 9, 167.

gradual formation of the doctrine, 168.

« ÀÌÀü°è¼Ó »