OF THE LAW OF CONTRACTS AND TORTS WITH A SHORT OUTLINE OF THE LAW OF EVIDENCE BEING INDERMAUR'S COMMON LAW RE-WRITTEN AND ENLARGED BY A. M. WILSHERE, M.A., LL.B., OF GRAY'S INN AND THE WESTERN CIRCUIT, BARRISTER-AT-LAW; Author of "The Principles of Equity," "The Elements of Criminal Law and LONDON: SWEET & MAXWELL, LIMITED, TORONTO: THE CARSWELL CO., LIMITED. SYDNEY, MELBOURNE & BRISBANE : LAW BOOK CO. OF AUSTRALASIA, PREFACE. THIS edition of Indermaur's Common Law has been in great part re-written and slightly enlarged. The enlargement is for the most part in the notes, which have been somewhat expanded with a view to increase the value of the book to practitioners. Apart from the notes, the chief expansions are in the chapters on Sale of Goods and Bills of Exchange, in which the Acts are fully set out, and in Part IV., which has been enlarged into a short summary of the rules of Evidence. But, how The rearrangements and changes require more explanation and justification. For many years Indermaur's Common Law has been a valued friend of the law student, and it was with diffidence that I approached any reconstruction of its contents. ever valuable and excellent may be a textbook, it is impossible for it to continue for ever in an unchanged form, especially in the case of a book which is written primarily for students and which deals with many subjects in a small compass. Such a book cannot, for lack of space, attain to completeness of statement; its aim is to set out as systematically as possible the foundations upon which the student is to build his knowledge, and the choice of materials for that purpose must vary from generation to generation, as statutory rules and definitions replace the case law upon which the principles of the Common Law are founded, and as modern leading cases explain, classify and distinguish the older leading cases and take their places as landmarks of the law. Accordingly, after a very careful examination of the whole book, I found that, if it was to retain the position which its merits had won, it could not be re-edited without substantial changes. The first part of the book has been subdivided into two parts so as to provide the student with a complete outline of the general rules applicable to all contracts before he deals with the special rules governing the formation, performance and breach of special So far as concerns the contents of the book, I have eliminated all quotations from other textbooks, excepting only the third edition of Bullen and Leake's Pleadings, and I have stated as many rules as possible in the exact words of some judgment in which they are found: I believe that I have stated no rule with- out citing the authorities on which it depends, and I believe that no case is cited which I have not read expressly for the purposes I have been compelled to omit most of the emergency legisla- tion because, owing to its complicated nature, lack of space prevented me from dealing with it in a manner which could be of any use. It is perhaps hardly necessary to remind the student that the rights of a landlord are at present much restricted by the Increase of Rent and Mortgage Interest Act, 1920, as to which he should consult one of the special textbooks dealing with it. It has been necessary to cut down the Index, which, however, in view of the arrangement of the book, will probably be found I have received much valuable assistance from Dr. A. W. Peake, of Gray's Inn, who has very kindly read most of the manuscript CHAPTER 1. THE DIFFERENT KINDS OF CONTRACTS |