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THE

DOCTRINE OF CONSIDERATION

TREATED

HISTORICALLY AND COMPARATIVELY

'TREATISE APProved for the Degree of DocTOR OF LAWS IN THE UNIVERSITY OF LONDON)

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PHEROZESHAH N. DARUVALA

LL.D. (London), B.A., LL.B. (Bombay), of Lincoln's Inn, Barrister-at-Law ;
Advocate-at-Law, High Court, Bombay;

Member of International Law Association, London

(All rights, including right of translation, reserved)

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To the Honourable

SIR BASIL SCOTT, KT., M.A. (Oxon.)

CHIEF JUSTICE

OF

THE HIGH COURT OF JUDICATURE AT BOMBAY

A MAN COURTEOUS AND ACCOMPLISHED

A JUDGE WISE AND ABLE

THIS TREATISE

IS, BY PERMISSION,

MOST RESPECTFULLY DEDICATED.

FOREWORD.

It gives me great pleasure to introduce this book in a few words of recommendation. The subject is one of unusual interest. There is probably no other legal topic, except perhaps Negligence, which lends itself so kindly to scholarly and philosophic treatment. The professional Advocate may lay aside Dr. Daruvala's book with a sigh and a sneer declaring it to be altogether unpractical and of no use for the immediate purposes of forensic argument; but the jurist, the student of comparative law, the philosophic analyst of legal notions, will accord it a warm welcome, and find in its crowded pages remarkable treasures of out-of-the-way knowledge, a very fascinating and complete exposition of the origin and growth of our present Doctrine of Consideration, conscientiously worked out in the light of history and comparative jurisprudence. It is not, I think, too much to say that the subject has never yet been so thoroughly exhausted. In England the development of the Doctrine of Consideration, rooted perhaps in the early Roman law, was so characteristically organic, so intimately bound up with the life of the times, always rather genetic than consciously telic, that a review of its progress from archaic simplicity, through many legal fictions and formulary actions to its final nice complexity, shows along its whole course in quaint pictures and side lights, the general, national and social processes with which it so accurately corresponds. All the curious learning collected in these pages upon the history of Consideration in the English law, displays in petto picture after picture of the actual life of the times, the vivid setting in country fair or town of the conditions appropriate to the national

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