The History and Theory of English Contract Law

The History and Theory of English Contract Law
By Thomas A. Street

1999/11 - Beard Books - Law Classic
1893122247 - Paperback - Reprint - 582 pp.
US$34.95

An interesting historical treatment on the growth of the law of contracts in general and specific types of contracts, such as bailments, bills and notes, and agency.

Publisher Comments


Category: Banking & Finance

The fundamental principles of the law of contracts are set forth along historical and evolutionary lines. The common-law principles of contract can be traced back to the twelfth century. The volume is divided into four parts: the history and general principles of contract law; the history and theory of the law of bailment; the history and practice of the law of bills and notes; and the genesis and theory of the law of agency.

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Thomas Atkins Street, A.M., LL.B. was a professor with the School of Law at Vanderbilt University.

Other Beard Books by Thomas A. Street

Part I. General History and General Principles of Contract
Chapter.
I	Early History of English Contract Law
	Age of Glanvill	1
	The Real Contracts	3
	Formal Contracts	7
	Jurisdiction of Ecclesiastical Courts	11
	Bractonian Epoch	14
II	Early History of English Contract Law.--Continued
	The Innominate Contract	21
III	Early History of Consideration
	Genesis of the Conception of Consideration	29
IV	Early History of Consideration.--Continued
	The Nude Pact	36
	Term 'Consideration' Established in Usage	39
	Consideration in the Law of Conveyance	40
V	Readjustment
	Suretyship and Guaranty	46
	The Bailments	47
	Contract of Hiring	48
	The Mandate	48
VI	Origin and Nature of the Bilateral Contract
	Unilateral and Bilateral Modes of Engagement	52
	First Recognition of the Bilateral Contract	55
	Consideration in the Bilateral Contract	57
VII	The Debt and the Assumpsit
	The Early Assumptual Considerations	61
	Implied Promise to Pay Debt	62
VIII	Consideration
	Types of Consideration	67
	Benefit to Promisor Not a Good Consideration	68
	Adequacy of the Consideration	69
	Legality and Competency of Consideration	73
	Forbearance to Prosecute Invalid Claim	76
IX	The Consideration and the Promise
	Rewards	81
	Consideration Moved by Previous Request	83
X	Accord and Satisfaction
	Accord Must Be Executed	89
XI	Accord and Satisfaction.--Continued
	Part Payment of Debt	96
XII	Scope of the Bilateral Contract
	Consensual Nature of Bilateral Contract	107
	Promise of Performance of Existing Obligation	112
	Unilateral Promise Given for Performance of Existing Obligation Invalid	112
	Mutual Promises in Furtherance of Performance of Existing Obligation Valid	116
XIII	Scope of Bilateral Contract.--Continued
	Novation	122
	Novation by Change or Substitution of Contract	126
	Composition with Creditors	130
XIV	Dependence of Mutual Promises
	Dependence of Mutual Covenants	134
	Dependence of Mutual Promises	135
XV	Contract Law in Mansfield's Day
	The Written Promise	141
	Moral Obligation as a Consideration	143
XVI	Legal Obligation as a Consideration
	Promise Supported by Legal Duty	147
	The Implied Promise	149
XVII	Consideration and the Right of Action
	Right of Stranger to Sue on Contract Made for His Benefit	152
XVIII	Legality of Contract
	Illegality Fatal to All Forms of Contract	162
	Contract in Restraint of Trade	164
	Wagers	165
XIX	The Statute of Frauds
	Origin of the Statute	168
	Purpose and Method of the Statute	169
	The Statute Affects Only Simple Contracts	171
	Dispenses with No Common-law Requirement	173
	Interpretation of the Statute	174
	Violation of Statute Renders Contract Voidable but Not Void	177
	The Agreement or Memorandum	178
	The Signing	181
XX	The Statute of Frauds.--Continued
	Collateral Liability of Personal Representatives and of Guarantors and Sureties	183
	Promise to Indemnify	186
	Promises Supported by Consideration of Marriage	190
	Contracts for Sale of Land	193
	Contracts Not Performable Within One Year	193
	Sales of Goods	194
	Place of Statute of Frauds in Modern Contract Law	195
XXI	Duties in Nature of Debt
	Quasi-contracts and Implied Promises	199
	Judgments, Customary and Statutory Duties	206
XXII	Duties in Nature of Debt.--Continued
	Benefit Conferred under Mistake of Fact	211
	Duty to Compensate for Chattels or Service Wrongfully Appropriated	215
XXIII	Duties in Nature of Debt.--Continued
	Benefits Conferred under Unenforceable Contract	220
	Original Contract Materially Modified	221
	Full Performance Prevented by Default of Defendant	222
	Performance Prevented by Act of God or Rule of Law	223
	Nonperformance Attributable to Default of Plaintiff	225
XXIV	Duties in Nature of Debt.--Continued
	Money Paid under Undue Pressure	228
	Money Paid to Defendant's Use	232
XXV	Obligations in Nature of Assumpsit
	Various Types of Quasi-assumptual Obligations	235
	The Equitable Estoppel	241
Part II. History and Theory of Law of Bailment
XXVI	Early Law of Bailment
	History of Bailments Prior to End of Seventeenth Century	251
XXVII	Modern Law of Bailment
	The Case of Coggs v. Bernard	270
	Classification of Bailments	271
	The Deposit	274
	Special Deposit with Bank	276
	The Finder of Lost Goods	278
	The Mandate	278
XXVIII	Modern Law of Bailment.--Continued
	The Commodate	281
	Pledge	283
	Letting for Hire	284
	Procuring of Service	288
	Bailment for Custody	289
XXIX	Modern Law of Bailment.--Continued
	The Innkeeper	294
	The Bailment for Carriage	298
	Exceptions to Liability of Common Carrier	300
	Postmaster	306
XXX	Ownership and Possession
	Severance of Ownership and Possession Essential to Bailment	308
	Special Property of Bailee	311
	Right of Bailee as Against Stranger	314
Part III. History and Principles of Law of Bills and Notes
XXXI	Bills and Notes
	General Observations	323
	The Lex Mercatoria	324
XXXII	Bills and Notes.--Continued
	Early History of Bills of Exchange	335
XXXIII	Bills and Notes.--Continued
	Adaptation of Bills to Common-law Theory of Contract	343
	Custom of Merchants Accepted as a Source of Legal Duty	347
	Extension of the Custom to Transactions Other than Those Between Merchants	350
XXXIV	Bills and Notes.--Continued
	Early Bill of Exchange Not Transferable	354
	The Bill of Exchange Becomes Transferable	359
XXXV	Bills and Notes.--Continued
	The Promissory Note	363
	Inland Bill Comes to Be Within Custom of Merchants	369
	Note Payable to Bearer	370
XXXVI	Bills and Notes.--Continued
	Marius on Bills of Exchange	373
	Liability of Indorser	376
	Rapid Development of the Law of Commercial Paper	378
XXXVII	Bills and Notes.--Continued
	Is the Bill of Exchange a Specialty?	381
	Promissory Note Held Not to Be Within the Law Merchant	383
	Statute of 3 & 4 Anne Makes Notes Negotiable	385
	Effect of Statute on Notes Not Containing Words of Negotiability	386
	Bills and Notes Are not Specialty Contracts	387
	Note Given for Precedent Debt Treated as Conditional Payment	389
	Recital of Value Received	391
XXXVIII	Bills and Notes.--Continued
	The Innocent Purchaser	393
	The Currency of the Bill	395
	The Promise to Accept	399
	Virtual Acceptance	401
	Bill Payable to Fictitious Party	403
	Notice of Defects. Circumstances Giving Rise to Imputation of Fraud	404
XXXIX	Bills and Notes.--Continued
	Common-law Principles Ingrafted upon the Law Merchant	409
	Warranties Incident to Transfer of Commercial Paper	411
	Characteristics of Law Merchant and Method of Growth	416
XL	Transferable Securities
	Transferable Bonds, Coupons, and Debentures	419
Part IV. History and Theory of Law of Representation
XLI	Representation
	General Observations	429
	Principle of Representation Not Found in Roman Law	433
	Representation in Old English Law	437
XLII	Representation.--Continued
	Responsibility for Commanded Acts	442
	Immunity of Servant Acting at Instance of Master	444
	Early Law of Representation in Contract	446
	State of the Law of Representation from Sixteenth to Eighteenth Century	448
XLIII	Modern Law of Representation
	Representation in Relation of Master and Servant	456
	Liability of Master for Negligent Act of Servant Done in Course of Employment	457
	Fellow-servant Doctrine	470
XLIV	Representation in Modern Contract Law
	Right to Delegate	475
	Undisclosed Principal	477
	Power of Agent Acting within Scope of Apparent Authority	480
	Ratification	487
	Death	491
	Appendix
	The Negotiable Instruments Law	495

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