The History of Contract in Early English Equity

By Barbour, W. T.

Description
Economic Theory Literature

Excerpt
Introduction: THERE is scarcely a subject in legal history which has occasioned more discussion than the history of contract. Particularly in English law it has excited the attention of many able investigators; ' and as so much has been written, it may seem presumptuous to undertake to say anything more. The only excuse for such an essay as this is that the material upon which it is based is new and, so far as I am aware, has never been published. I propose to discuss the history of contract in chancery in the fifteenth century, and I shall base my argument largely upon the petitions which were brought before the chancellor during that period. It is my purpose not alone to show what was actually done in equity, but also to determine so far as possible the principles upon which the chancellor acted. Our chief interest lies in the development of parol contract, but it seemed to me desirable to give some consideration to the contract under seal as well. My reasons for so doing will appear later.

Table of Contents
ANALYSIS INTRODUCTIONT: he purpose of this essay . . . . .PAGEg PART I . CONTRACT IN THE COMMON LAW CHAPTER I1. THEC OMMONL AW ACTIONS . . . . 1 3 Section I. Account . . . .I3 Origin and nature of account . . . . . . . I 3 The obligation to account . 13 Limitations on the action ; it succumbs to competition with chancery . . . . . . . . . . . I4 Section I1 . Covenant and the contract under seal . . 17 I . Action of covenant . . . . . . . . . I 7 Origin and development . . . . . . . . I 7 Limitations on the action . 18 (I) Required a sealed writing to support it . . . . 18 (2) Lay only for recovery of damages . 19 Disadvantages of covenant . 20 I1 . Contract under seal . . . . . . . . . 20 Effect of attaching a seal . 21 Strict interpretation of written instrument . 22 Defences against a deed . 23

Book Id: WPLBN0000659845
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Full Text

Title:

The History of Contract in Early English Equity

Author:

Barbour, W. T.

Volume:

Language:

English

Subject:

Political science., Economics and literature, Economic & political studies series

Collection:

Economics Publications Collection

Subcollection:

Historic
Publication Date:

Publisher:

Archive for the History of Economic Thought

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