PRINCIPLESOF TUBENGLISH LAW OF CONTRACTAND OPAGENCY IN ITS RELATION TO CONTRACTANSONPRINCIPLESOP THEENGLISH LAWOF CONTRACTAND OFAGENCY IN ITS RELATION TO CONTRACTBYTHE EIGHT HONOURABLESIR WILLIAM R. D.C.L.ANSON, BART.,OP THB INNER BARRISTER-AT-LAWTEMPLE,SOMETIME WARDEN OF ALL SOULS OXFORDCOLLEGE,Sixteenth EditionBYMAURICE L. C.B.GWYER,OF THE INNER BARRISTER-AT-LAWTEMPLE,LATE FELLOW OF ALL SOULS OXFORDCOLLEGE,OXFORDAT THE CLARENDON PRESSLONDON: HUMPHREY MILFORDSOLD BYALSO&STEVENS 119 & 120 CHANCERY LONDONSONS, LIMITED, LANE,1923OXFORD UNIVERSITY PRESSLondon Edinburgh Glasgow CopenhagenNew York Toronto Melbourne TownCapeMadrasCalcuttaBombay ShanghaiHUMPHREY MILFORDPublisher theto UniversityPrinted in EnglandPREFACETO THE SIXTEENTH EDITIONinTHERE are no material the editionchanges presentof the Law but the book has been revisedof Contract,rewritten.and somethroughout passagesSince the last edition Sir John Miles andappeared,theirMr. J. L. have CasesBrierly published illustratingthe General the Law a collectionPrinciples of of Contract,in the lifetime of Sir William Anson and with hisbegunand intended as a volume to hisapproval, companionbook. The Editor is much indebted to them for theirkindness in to him the list of cases whichcommunicatingto include in their and forcollection,they proposed manyandvaluable criticisms. He has alsosuggestions againto his to his Mr. F. D.friend,acknowledge obligationsK.C.MacKinnon,M. L. G ...
PRINCIPLES
OF TUB
ENGLISH LAW OF CONTRACT
AND OP
AGENCY IN ITS RELATION TO CONTRACT
ANSONPRINCIPLES
OP THE
ENGLISH LAWOF CONTRACT
AND OF
AGENCY IN ITS RELATION TO CONTRACT
BY
THE EIGHT HONOURABLE
SIR WILLIAM R. D.C.L.ANSON, BART.,
OP THB INNER BARRISTER-AT-LAWTEMPLE,
SOMETIME WARDEN OF ALL SOULS OXFORDCOLLEGE,
Sixteenth Edition
BY
MAURICE L. C.B.GWYER,
OF THE INNER BARRISTER-AT-LAWTEMPLE,
LATE FELLOW OF ALL SOULS OXFORDCOLLEGE,
OXFORD
AT THE CLARENDON PRESS
LONDON: HUMPHREY MILFORD
SOLD BYALSO
&STEVENS 119 & 120 CHANCERY LONDONSONS, LIMITED, LANE,
1923OXFORD UNIVERSITY PRESS
London Edinburgh Glasgow Copenhagen
New York Toronto Melbourne TownCape
MadrasCalcuttaBombay Shanghai
HUMPHREY MILFORD
Publisher theto University
Printed in EnglandPREFACE
TO THE SIXTEENTH EDITION
inTHERE are no material the editionchanges present
of the Law but the book has been revisedof Contract,
rewritten.and somethroughout passages
Since the last edition Sir John Miles andappeared,
theirMr. J. L. have CasesBrierly published illustrating
the General the Law a collectionPrinciples of of Contract,
in the lifetime of Sir William Anson and with hisbegun
and intended as a volume to hisapproval, companion
book. The Editor is much indebted to them for their
kindness in to him the list of cases whichcommunicating
to include in their and forcollection,they proposed many
andvaluable criticisms. He has alsosuggestions again
to his to his Mr. F. D.friend,acknowledge obligations
K.C.MacKinnon,
M. L. G.
June, 1923.PREFACE TO THE SIXTH EDITION
WHEN the of Contract was first introduced intosubject
at in thethe School of Oxford, 1877,Jurisprudence year
teachers of Law had to consider the books which their
best be directed to read. Some works on the
pupils might
of value to thesubject, acknowledged practising lawyer,
were suitable for and the choice seemedbeginners,hardly
to lie between the works of Mr. Sir FrederickLeake,
andthelateMr. Smith. Of Mr. Smith alonethese,Pollock,
wtote and I as a readfor students, had, student,expressly
his book with interest and But I thatadvantage. thought
it left treatise outroom for an workedelementary upon
different lines.
Mr. Leake wrote forNeither Sir Frederick Pollock nor
and I feared lest the mass of statement andbeginners,
illustration which their books ordered andcontain,
luminous it tend to and dis-be,though might oppress
hearten the a course of forstudent entering upon reading
the School of Law. at that time theBeing only public
teacher Iof Law in the had someEnglish University,
with the sort of difficulties whichpractical acquaintance
beset the I theand endeavoured to wantlearner, supply
which I have described.
In out the Iof book studiedworking plan my necessarily
the modes of treatment these two andwriters,byadopted
Ibecameawarethat are differentbasedontwothey totally
Mr. Leake treats the contract as a ofprinciples. subject
from the ofview of the chambers.litigation, point pleader's
He seems to What are the kinds of contract of whichask,
this be one ? Then What have I to ?may provegot
what defences I be met ? Sir Frederick PollockBy may
the ah extra he what is thenatureregards subject ; inquires
of that relation itwhichwe term andhow islegal contract,