Front cover image for The law of contracts

The law of contracts

Print Book, English, 2003
Lawbook Exchange, Clark, N.J., 2003
xxxiv, 679 pages ; 23 cm
9781584773115, 1584773111
51900344
CHAPTER I. THE GROWTH OF JURISPRUDENCE.
The Roman Law
3(3)
Jurisprudence of the Middle Ages
6(5)
Relation of the Roman Law to the Common Law
11(9)
CHAPTER II. THE FORMULARY SYSTEM.
The jus civile
20(1)
Formulary Procedure
21(2)
Legis actiones
23(12)
The Interdicts
35(2)
Roman Criminal Law
37(5)
CHAPTER III. JUSTINIAN'S LEGISLATION.
Defects of the Formulary System
42(10)
The Jurisconsults
52(1)
Responsa prudentun
53(2)
Treatises
55(1)
The Code
56(1)
The Digest
57(1)
The Institutes
58(6)
CHAPTER IV. DEVELOPMENT OF OBLIGATIONS AT ROMAN LAW.
Definition and Classification of Obligations
64(1)
The Primitive Contracts: Sale, Loan, Betrothal
65(1)
Mancipation or nexus
65(1)
Tradition
65(5)
lisucapion
70(1)
In jure cessio
71(1)
Final Development of the Law
72(1)
The Contracts re: mutuum, commodatum, pignus, depositum
73(5)
The Contract verbis or stipulatio
78(4)
The Contract literis
82(3)
CHAPTER V. THE CONSENSUAL CONTRACTS.
Distinction between the Consensual Contracts of the Roman Law and Contracts on Mutual Promises
85(2)
Emptio Venditio
87(3)
Locatio Conductio
90(3)
Mandatum
93(4)
Societas
97(2)
Hypotheca
99(1)
C'onstitutum
100(1)
Innominate Contracts
101(2)
Obligations quasi ex contractu
103(4)
CHAPTER VI. MODERN APPLICATION OF THE ROMAN LAW.
Law the Exponent of Relations which vary with Time and Circumstances
107(1)
Influence of Justinian's Legislation on Jurisprudence
107(1)
Title did not pass at Rome by Sale without Delivery
108(2)
Reason as given by Fremery
110(1)
May pass in England
111(1)
Rule under the French Code
112(2)
Joint Contract at Common Law for Divisible Performance binds each party for the Whole
114(1)
Bound under the Civil Law only for their respective Shares
114(1)
Distinction according to Fremery technical
115(2)
CHAPTER VII. ASSUMPSIT.
The Anglo-Norman Law of Contracts
117(6)
Statute of Westminster II
123(9)
Growth of Actions on the Case
132(3)
Origin of Assumpsit and the Doctrine of Consideration
135(15)
CHAPTER VIII. TRESPASS ON THE CASE.
Classification of Rights of Action ex contractu and ex delicto
150(1)
Distinction between Assumpsit and Case
151(1)
Remedies for tortious Breach of Contract
152(6)
Remedy for Injury resulting from Non-fulfilment of a gratuitous Promise
158(12)
CHAPTER IX. ROMAN AND COMMON LAW CONTRASTED.
Source of Obligation
170(1)
Promise to give Refusal
171(1)
Guaranty
171(1)
Agency or Mandate
172(2)
Contracts for the benefit of, or performance by, Third Persons
174
Acceptance of Offer
173(8)
Consideration
181(6)
Cause
187(6)
Parties
193(6)
CHAPTER X. CONSIDERATION.
Adequacy of Consideration
199(5)
Forbearance
204(5)
Marriage
209(7)
Performance to which one is already bound
216(4)
Dissolution or Alteration of Executory Parol Contracts
220(2)
Consideration must be the Result of Agreement
222(5)
CHAPTER XI. IMPLIED PROMISES.
Promise implied in Request
227(1)
Presumptions from the Relations of Parties
228(2)
Voluntary Services
230(1)
Implied Request
231(1)
Payment of another's Debt
232(1)
Payment by Mistake
233(2)
Effect of express Agreement on implied Promise
235(6)
CHAPTER XII. ANTECEDENT CONSIDERATION.
Warranty after Sale
241(3)
Husband's Promise to pay Wife's ante-nuptial Debt
244(1)
Executor's Promise to pay Testator's Debt
244(1)
Promise to pay joint Debt apportioned by Statute of Limitations
244(1)
Promise to pay Debt to or for a third person
245(1)
Promise may be Evidence of antecedent Obligation
246(1)
Or reduce such Obligation to Certainty
247(8)
Implied Promise to pay for Service rendered on Request
255(1)
The Common Counts proceed on such a promise
255(2)
Non-Assurnpsit, infra sex atone
257(3)
Account stated, and What will support It
260(2)
CHAPTER XIII. MORAL OBLIGATION.
Moral Obligation as the Consideration for an express Promise
262(2)
Distinction between Legal Consideration barred by Statute, etc., Moral Obligation
264(6)
Rule in Pennsylvania
270(2)
CHAPTER XIV. RATIFICATION AND WAIVER.
Ratification by subsequent Promise
272(2)
May be implied by Silence
274(3)
What Acts may be Ratified
277(1)
Ratification of an Agent's Tort
278(6)
Ratification of unauthorized Payment
284(5)
Ratification of Forgery
289(1)
Waiver of Defence by subsequent Promise
290(14)
Statute of Limitations
290(2)
Discharge in Bankruptcy
292(2)
Coverture as a Defence
294(2)
where Contract is Illegal or Fraudulent
296
CHAPTER XV. UNILATERAL CONTRACTS.
Promises in consideration of Performance
304(4)
Time of Performance
308(1)
May be retracted before Performance
309(1)
Unless under Seal
309(6)
Guaranty of Advances at the Option of the Promisee
315(21)
CHAPTER XVI. BILATERAL CONTRACTS.
Promises in consideration of Promises
336(1)
Offer
337(2)
Bid at Auction
339(1)
Time and Mode of Acceptance of Offer
340(4)
Contracts by Mail
344(18)
Contracts by Telegraph
362(3)
Conditional or qualified Acceptance invalid
365(2)
Retraction of Offer
367(3)
Death of Offerer or Principal
370(7)
CHAPTER XVII. MUTUALITY.
Performance instead of Mutual Promise
377(1)
Contract wanting in Mutuality may become Binding on Performance
378(1)
Oral Acceptance of Written Offer
379(1)
Performance by one under Disability to contract
380(1)
Signature of Party charged sufficient under Statute of Frauds
381(8)
Rule in Pennsylvania
389(7)
CHAPTER XVIII. SALE OF SPECIFIC GOODS.
Executed and Executory Contracts of Sale
396(1)
Transfer of Title
397(1)
Delivery requisite under Roman Law
397(1)
Title may pass at Common Law by Virtue of the Contract
398(5)
Goods must be specified, and Price susceptible of being reduced to Certainty
403(8)
Mode of Specification
411(2)
Sale of an Undivided Part
413(21)
Appropriation
434(12)
Measure of Damages for Breach of an Executory Contract of Sale
446(1)
Vendor's Lien
447(4)
Resale
451(6)
Retention
457(1)
Stoppage in transitu
457(1)
Caveat emptor
458(1)
Vendor not answerable at Common Law in the Absence of Fraud and Warranty
459(3)
CHAPTER XIX. SALE BY DESCRIPTION.
Executory Contract for the Sale of Goods of a certain Kind
462(1)
Goods must answer Description
462(2)
Be sound and merchantable and fit for Use
464(5)
Unless Purchaser designates or selects
469(1)
Sale by Description of specific Goods
470(1)
Title does not pass unless accepted by Purchaser
470(4)
Vendor answerable if they differ in Kind or are unmerchantable
474(11)
Implied Warranty of Fitness
485(17)
Latent Effects
502(1)
Effect of Inspection
503(5)
CHAPTER XX. SALE BY SAMPLE.
Inference from the Exhibition of a Sample
508(2)
Subsequent Inspection of the Goods by the Vendee
510(3)
Effect of a Written Memorandum
513(1)
Kind and Quality
514(1)
Rule in Pennsylvania
515(7)
CHAPTER XXI. WARRANTY.
Definition
522(4)
Distinction between Warranty and Representation
526(8)
Implied Warranty
534(3)
CHAPTER XXII. REMEDIES OF THE VENDEE.
Breach of Executory Contract of Sale by Tender insufficient in Time, Quality, Amount, or Kind
537(1)
Vendee's Option to accept or reject the Goods
537(1)
Measure of Damages
538(3)
Vendor's Liability for, resulting from Defective Goods
541(2)
Time of Rejection
543(13)
Description may be Stipulation, Condition, or Warranty
556(7)
Action for Breach of Warranty may be Case or Assumpsit
563(2)
Measure of Damages
565(4)
CHAPTER XXIII. PERFORMANCE.
Performance in respect to Quantity, Quality, Time, and Place
569(4)
Breach of an Executory Contract by Non-delivery of an Installment
573(2)
Breach by Non-payment for an Installment
575(12)
CHAPTER XXIV. DEPENDENT AND INDEPENDENT COVENANTS AND PROMISES.
Presumption of Dependence from Order of Performance
587(1)
Performance as a Condition Precedent
588(4)
Inference from Failure to fix the time of Performance
592(1)
Simultaneous Payment and Delivery
593(3)
Sale and Conveyance of Land
596(6)
Part-performance
602(16)
CHAPTER XXV. ENTIRE AND DIVISIBLE CONTRACTS.
Contracts to pay by Installments for a single Act or Thing
618(2)
Waiver of Default by Acceptance
620(3)
Structures imperfectly erected on another's Land
623(4)
Recovery upon substantial Performance with Compensation for Defects
627(3)
Destruction of the subject-matter before the Completion of an entire Contract
630(8)
CHAPTER XXVI. IMPOSSIBILITY.
Impossibility as an Excuse from Performance
638(3)
Effect of Previous Knowledge of Impossibility
641(1)
Distinction between Things that Cannot be, and Things that Cannot be Accomplished
642(2)
Warranty of Possibility
644(1)
Impossibility subsequently resulting through no Fault of the Promisor
645(6)
Distinction between Impossibility and Inconvenience
651(2)
Contract for Impossibility may operate as Insurance
653(2)
Contract for Act forbidden by Law Invalid
655(4)
INDEX659
Originally published: Boston : Little, Brown, and Co., 1887