IMPOSSIBLE AGREEMENTS-continued.

promisor's not having means of performance is not impossibility,
356.

warranty of contingent acts or events, 356.

agreement impossible in law, void, 357.

promisor excused when performance becomes impossible by law,
357.

performance being impossible in fact, no excuse in absolute con-
tract, 360.

impossibility by foreign law, no excuse, 362.

effect of accidents subsequent to contract: analogy of contract to
pay rent, when premises accidentally destroyed, 363.

exception of accidents not contemplated by contract, 366, 8q9.
where performance depends on existence of specific thing, 367.
where subject-matter destroyed without fault on either side, 368.
state of things at date of agreement not contemplated by parties,
370.

sale of cargo lost at date of contract, 371.

construction of covenants in mining leases, 372.

express exceptions in commercial contracts, 373.

where performance of services contracted for depends on life or
health of promisor, implied condition that life or health shall
continue, 374.

anomalous treatment of contract to marry, 376.

impossibility caused by default of promisor, equivalent to breach
of contract, 379.

by default of promisee, discharges promisor, and he may recover
loss or rescind the contract, 380.

alternative contracts where one thing is or becomes impossible,
382.

conditional contracts where the condition is or becomes impossible,
384.

where condition of bond impossible, obligation is absolute, 387.
otherwise where the condition subsequently becomes impossible,
387.

alternative conditions in bonds where one is or becomes impossible,
388.

Indian Contract Act on impossible agreements, Note K.

INDIAN CONTRACT ACT:

its definitions of agreement, &c., Note A.

on contracts of persons of unsound mind, 38, 94.

on promises for past consideration, 171.

on discharge of contracts, 180.

on parties to contract by agent, 110.

on knowledge of agent being knowledge of principal, 97, #.
makes wagers void, 272, n.

INDIAN CONTRACT ACT-continued.

provisions of, as to unlawful agreements, Note I.
provisions of, as to impossible agreements, Note K.
does not adopt English rule of market overt, 397, n.

on material common mistake avoiding agreement, 441.

on time being of essence of contract, 464.

abolishes distinction between penalty and liquidated damages,
467, n.

on distinction of mere silence from representation, 515, n.

on sales by auction, 518.

on responsibility of principal for fraud of agent, 531.

on inadequacy of consideration, 575.

on coercion, undue influence, fraud, misrepresentation and mis-
take, Note O.

on rescission of voidable contracts, 703.

INFANTS:

generally cannot bind themselves by contract, 51.

general statement of the law, 51.

contracts of, voidable at common law: no real authority for hold-

ing them in any case void, 53.

bonds, 53.

trading contracts, 54.

contracts of service, 54.

leases, 55.

sales of land, 56.

partnership, 56.

marriage, 57.

marriage settlements, 57.

negotiable instruments and accounts stated, 58.

infant cannot have specific performance, 59.

at what time he may avoid his contracts, 59.

See INFANTS RELIEF ACT.

liable on obligations incident to property; leases and railway shares,

64.

liable when contract for his benefit, 66.

liable for necessaries, 67.

what are necessaries, how ascertained, 68.

liability for necessaries on simple contract only, 72.

what contracts infants can make by custom or statute, 73.

not liable for wrong when the cause of action is substantially on a

contract, 74.

whether liable on contract implied in law, 76.

liable in equity for representing himself as of full age, 76.

but not to prejudice of subsequent valid contract, 78.

agreements between parents as to custody or education of, 301.

INFANTS RELIEF ACT:

makes certain agreements of infants void, 60.

does not make ratification wholly inoperative, 61.

effect of section 1..63.

effect since the Act of affirming agreement voidable at common
law, 630.

INSANITY. See LUNATIC.

INSURANCE: contract of, liberally construed in favour of true inten-
tion, 474.

INSURANCE (FIRE):

contract of insurers to reinstate is unconditional after election
made, 300.

effect of, as between landlord and tenant, 364.

implies condition that property is correctly described, 492.

INSURANCE (LIFE): no such duty of disclosure as in marine insur-
ance, 490.

INSURANCE (MARINE):

must be expressed in policy, 164.

seamen's wages not insurable at common law, 306.
where voyage illegal to knowledge of owner, void, 324.
voidable for material misrepresentation or non-disclosure, 489.
stamped policy required by statute, 616.

the "slip" nevertheless recognized for collateral purposes, 617.
the rights of the parties determined at the date of the slip, 618.
statutory provisions as to, 683.

KNOWLEDGE:

how far material on question of unlawfulness of agreement, 348.
means of, as affecting right to rescind contract for misrepresenta-
tion, 525.

LAND:

Statute of Frauds as to sale of interest in, 160.

what covenants run with, 224.

And see SALE OF LAND.

LANDLORD AND TENANT :

covenants running with tenancy or reversion, 224.

lessor cannot resume possession actually delivered on discovering
unlawful purpose or fraud of lessce, 323, 513.

but may rescind if possession has not been delivered, semble, 324.

rent payable though premises accidentally destroyed, 363.
lessor is not bound to inform lessee of state of premises, 506.
statutes affecting contracts between, 684.

LAW MERCHANT:

peculiarities of, as to negotiable instruments, 217.
not invariable, 220.

LEASE:

of infant at common law, voidable, 55.

statutory powers of infants to renew and make, 73.
covenants in, when they run with land, 224.

Statute of Frauds as to, 160.

of tenements for unlawful purpose, no action on covenants, 323.
for lives, effect of contract for sale of, 446.

LEX LOCI :

marriage of domiciled British subjects wherever celebrated, go-
verned by English law, 250.

requirement of stamp, how treated in foreign court, 283.

by what local law the lawfulness of an agreement is determined,
339.

LIMITATION, STATUTES OF:

promise or acknowledgment by married woman cannot revive
barred debt, 80.

promise to pay debt barred by, 165.

debts not extinguished, 599.

money paid by debtor without particular directions may be appro-

priated to satisfy barred debt, 600.

executor may pay barred debt of testator, 600.

barred debt cannot be set off, 600.

but statute must be pleaded, 600.

right of action restored by subsequent acknowledgment, 601.
acknowledgment operates as new promise in case under statute of
James, 601.

otherwise of specialty debt under stat. of William IV., 602.
applied according to lex fori, not lex contractus, 603.

LIQUIDATED DAMAGES: distinction of, from penalty, 467.

LONDON:

custom of, as to infant apprentice, 73.

as to married women trading alone, 82.

LUNATIC:

marriage of, void, 87.

so found by inquisition, incapable of acts in the law, 87.
liable for necessaries, 87.

contracts in lucid intervals and contracts prior to lunacy good, 88.
contract of (not so found by inquisition), in general voidable not

void, 38, 93.

LUNATIC-continued.

history of different doctrines on the subject, 88-93.

contract of, why only voidable though he has no agreeing mind,

418.

MAINTENANCE:

attempts to oppose equitable assignments on ground of, 206.
definition of; it includes champerty, 293.

what amounts to, 295.

statute of Henry VIII. against buying pretended titles, 300.
what dealings are within the statute, 301.

no maintenance without unlawful intention, 302.
may be justified by kindred or affinity, 303.

MAJORITY: abuse of corporate powers by, 664.
MALUM PROHIBITUM and malum in se, 253.
MARITAL RIGHT: settlements in fraud of, 247.
MARKET:

sale of horses at, overt, 164.

overt, provisions of German Code as to, 397, n.

MARRIAGE:

of infants, 57.

promise of, infant may sue but is not liable on, 57.

of lunatics, void, 87.

agreements in consideration of, 159, 188.

within prohibited degrees, void, 249.

whether valid in England if invalid by law of party's domicil, 250.

of members of Royal Family, Act regulating, 250.

agreements in general restraint of, void, 307.

conditions in restraint of, 308.

polygamous, not recognised by English Divorce Court, 341.

illness unfitting for, does not avoid contract to marry, 376.

contract to marry not uberrimæ fidei, 510.

not rendered invalid by fraud, 511, 519.

informal agreements in consideration of, how far made valid by
post-nuptial settlement, 613.

MARRIED WOMEN:

at common law cannot contract, 79.

acquisition of things in action by, 79.

renewed promise by, cannot revive barred debt, 80.

exceptions to incapacity: queen consort, 81.

wife of person civilly dead, 81.