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PRACTICAL TREATISE

ON

THE LAW OF CONTRACTS,

NOT UNDER SEAL;

AND UPON

THE USUAL DEFENCES TO ACTIONS THEREON.

The Second Edition-greatly enlarged.

BY

JOSEPH CHITTY, JUN., ESQ.

OF THE MIDDLE TEMPLE.

LONDON:
S. SWEET, I, CHANCERY LANE;

Law Bookseller and Publisher;
R. MILLIKEN AND SON, DUBLIN; T. CLARK, EDINBURGH.

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PREFACE.

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 nost 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 and 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 mode 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.

ANALYSIS.

CHAPTER I.

PAGE

COMO
AC

SECTION 1.-Of the Different kinds of Contracts, and of the

Nature and Common Lazo Requisites in general

of a Contract not under Seal. Definition of the terms “ Obligations”—“ Contract "

—“Agreement"-"Promise.” . 1. Contracts of Record

2, 3 2. Contracts under Seal .

3. Simple Contracts, or Contracts not under Seal Contracts not under Seal

1. Of the Assent of the Parties . . 8 to 22
2. Of the Consideration

Nature and different kinds of
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 . . 39, 40 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 . 51, 52

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