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EXTRACTS FROM PREFACE TO TWELFTH EDITION.

In this edition great changes have been effected. The book has been divided into twenty-seven chapters instead of six only, and the subjects of "Money paid," "Money had and received," and "Account stated," have been treated under the head of "Implied Contracts" instead of "Contracts respecting Money." "Contracts with Married Women" are very fully dealt with, occasion being taken to treat of separation deeds. The chapter on Stamps has been enlarged, and chapters on Specific Performance, Assignment of Contracts, and Rectification have been newly supplied. In dealing with special subjects, the scheme of the edition is that on every subject-matter of contract the reader should either find sufficient information or sufficient references to special treatises, but that exhaustive handling of specific subjects should not be attempted. This has involved curtailment in the chapter on Landlord and Tenant, but amplification in those on Bills of Exchange, Mortgage, Insurance, Marriage, Hire, and other matters. Facilitation of reference has been steadily kept in view. A table of contents is prefixed to each chapter, a table of statutes is newly inserted, and the list of cases supplies references to all the reports, the main reference (which where old, has been always verified), together with, for the first time, a date, being given in the footnotes as before. The index, which is printed in smaller type, has been very thoroughly revised.

J. M. L.

W. N. M. G.

PREFACE.

SINCE the twelfth edition of this work was brought out in 1890, the Partnership Act and the Sale of Goods Act, the Gaming Act, 1892, and the Married Women's Property Act, 1893, have been passed; while the law of Restraint of Trade has been materially affected by the Nordenfelt case, Henthorn v. Fraser has brought the vexed question of contract by correspondence into greater prominence than before, and Trego v. Hunt has settled the longvexed question of the extent of the implied rights of the seller of a goodwill.

The Sale of Goods Act and the Married Women's Property Act have led to an abridgment of the chapters in which the subjectmatter of them was dealt with, and in the course of general revision many redundancies have been pruned and references to old cases expunged, with the net result of a reduction of about 150 pages, notwithstanding occasional additions in the treatment of Bankers' Contracts, Employment of Counsel, Medical Contracts, Stock Exchange Contracts, and other matters.

The table of statutes is by short titles followed by regnal years and chapters. The codifying statutes and principal cases are distinguished by a larger type in the tables of statutes and cases, and both in text and table references to the Revised Reports are given.

The Editor's best thanks are due to Sir William Geary for his noting up of decisions up to the end of 1894.

The Preface to the last edition concluded by directing attention to eight points of contract law as seeming to require remedial legislation. These are now reprinted with the exception of two, in

which the Legislature has since interfered by the Directors" Liability Act, 1890, and the Gaming Act, 1892, respectively, and with the addition of two others.

1. Money at a bank, and not drawn upon for six years, becomes the property of the banker. (Pott v. Clegg, p. 538.)

2. The executors of a lessee may be personally liable on his covenants to repair. (Tremeere v. Morison, p. 314.)

3. The Act which invalidates sales of unnumbered bank shares is rendered a dead letter by being habitually disregarded on the Stock Exchanges. (See p. 555.)

4. Prospectuses of companies which do not state contracts of promoters are constructively fraudulent as against shareholders becoming such upon faith thereof by virtue of an unintelligible section of the Companies Act, 1867, which is habitually evaded by waiver clauses, extending also in some cases to the Directors Liability Act, 1890. (See p. 290.)

5. If A. undisputedly owes B. 100l. and B. agrees to take and takes 901. in full satisfaction of the debt, B. can nevertheless sue A. for the remaining 101. (Foakes v. Beer, p. 644.)

6. In an action for breach of promise of marriage there is practically no limit to the damages.

(See p. 502.)

7. Although in most if not all other European countries the disclosure of professional secrets by a doctor is a criminal offence, even the extent of his implied contract, if any, not to disclose them is in this country uncertain. (See p. 515.)

8. The liability of bankers to keep valuables entrusted to them continues, until after demand of and refusal to return them, for a time apparently unlimited. (See p. 539.)

THE TEMPLE:

July 3rd, 1896.

J. M. LELY.

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Innkeepers Act, 1878, 41 & 42 Vict. c. 38

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Companies Clauses Consolidation Act, 1845, 8 & 9 Vict. c. 16, s. 97
Conveyancing Act, 1881, 44 & 45 Vict. c. 41, s. 14.

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Housing of the Working Classes Act, 1890, 53 & 54 Vict. c. 70, s. 75
Infants' Relief Act, 1874, 37 & 38 Vict. c. 62.

Innkeepers' Liability Act, 1863, 26 & 27 Vict. c. 41
Law Amendment Act, 3 & 4 W. 4, c. 42, s. 3.

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Law of Property Amendment Act, 1859, 22 & 23 Vict. c. 35, s. 29
Limitation Act, 1623, 21 Jac. 1, c. 16

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Married Women's Property Act, 1882, 45 & 46 Vict. c. 75, s. 1

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Mercantile Law Amendment Act, 1856, 19 & 20 Vict. c. 97, s. 1

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Pawnbrokers Act, 1872, 35 & 36 Vict. c. 93
Preferential Payments in Bankruptcy Act, 1888, 51 & 52 Vict. c. 62
Public Health Act, 1875, 38 & 39 Vict. c. 55, s. 174

s. 193

Railways Clauses Consolidation Act, 1845, 8 & 9 Vict. c. 20, ss. 86, 90

Railway and Canal Traffic Act, 1854, 17 & 18 Vict. c. 31, s. 7.
Railway Regulation Act, 1889, 52 & 53 Vict. c. 57.

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SALE OF GOODS ACT, 1893, 56 & 57 Vict. c. 71.

s. 4

Sale of Land by Auction Act, 1867, 30 & 31 Vict. c. 48, ss 4-
Small Tenements Recovery Act, 1838, 1 & 2 Vict. c. 74
Solicitors Act, 6 & 7 Vict. c. 73, s. 37

Stamp Act, 1891, 54 & 55 Vict. c. 39, s. 8

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s. 49

ss. 52, 53

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Veterinary Surgeons Act, 1881, 44 & 45 Viet. e. 62, s. 17, subs. 2
Wages Attachment Abolition Act, 1870, 33 & 34 Vict. c. 30
Weights and Measures Act, 1878, 41 & 42 Vict. c. 49

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