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THE LAW OF CONTRACTS,
NOT UNDER SEAL;
THE USUAL DEFENCES TO ACTIONS THEREON.
The Second Edition-greatly enlarged.
JOSEPH CHITTY, JUN., ESQ.
OF THE MIDDLE TEMPLE.
S. SWEET, 1, CHANCERY LANE;
Law Bookseller and Publisher ;
I have endeavoured to render this work not only an elaborate and complete treatise on the principles of the Law of Contracts, illustrated and explained by practical cases, but also a useful Nisi Prius book on the very many important subjects which it embraces.
In order to attain the former object, I have carefully examined the most approved elementary works upon Contracts,—foreign and English,—and the many excellent judgments pronounced by our courts in reported cases.
With the same view I have in general attempted to explain the reasons upon which the cases referred to have been determined; to reconcile decisions apparently of a conflicting nature; and to point out those cases which seem not to be supported by principle.
That the work may aspire to some rank amongst practical Nisi Prius publications, I have not only given with great care the facts of the more important or leading cases,—so that the work itself may furnish ready grounds for argument, and easy means of correcting any false deduction, or explaining any obscurity of the author, but I have also introduced many additional subjects, and amplified such as appeared to me to be too slightly noticed in the former edition :-) allude chiefly to the law affecting contracts for the sale of Real property ;and that relating to Landlord and Tenant ;—Fixtures ; Husband and Wife;— Partners;- Principal aud Agent ;Principal and Surety, or Guarantees and Indemnities ;The Sale of Goods ;-—The Action for Money had and received ;-and Carriers. The stamp law as it relates to agreements, and receipts, is fully stated.
The law of Defences to actions for debts and upon special contracts, has also been detailed with considerable diffuseness. No pains have been spared to render this part of the treatise practically useful. Not only are the nature and validity of each probable ground of defence fully considered, but the modle of pleading and of proving such defence, is also explained.
The Index has been prepared with great care, and will, it is hoped, give ready access to the contents of the work.
6, Pump Court, Temple.
22nd May, 1834.
Section 1.–Of the Different kinds of Contracts, and of the
Nature and Common Law Requisites in general of a Contract not under Seal.
PAGE Definition of the terms “ Obligations”—“ Contract” Agreement '-“ Promise."
1, 2 1. Contracts of Record
2, 3 2. Contracts under Seal
3, 4 3. Simple Contracts, or Contracts not under Seal
4 Contracts not under Seal 1. Of the Assent of the Parties
8 to 22 2. Of the Consideration
22 to 55 Nature and different Kinds of
22 to 25 A Benefit to Defendant, or Loss to the Plaintiff, and to what Extent
25 to 30 Forbearance
30 to 32 Intrusting another with Property
32 to 36 Assignment of a Debt or Right
36, 37 The Prevention of Litigation
37 to 39 A Promise for a Promise A Moral Obligation
40 to 42 Of gratuitous Promises
42 to 46 Of the Plaintiff being a Stranger to the Consideration
46 to 48 Of impossible Considerations
48 to 51 Of Considerations void in Part