1856. (d) This provision was passed in consequence (6.) The price, under section 17. If the price has been writing to build Sir Archibald McClaine a carriage. No agreement was come to about the price. When the carriage was sent home, Sir Archibald refused to accept it, as the price demanded was over £480. In an action by Hoadly for not accepting the carriage, the Court held that the law would imply that a reasonable price was to be paid. (ƒ) 5. The signature of the party to be charged, or that of his authorized agent. (g) [This need not be at the end of the document, so long as it clearly governs the whole agreement. Illustration. An agreement beginning, "I, James Crockford, agree to sell, &c.," was held to be sufficiently signed to satisfy the statute. (h)] [NOTE. Several documents may be read together in order to constitute the memorandum, so long as the connection between them is apparent from (d) 19 & 20 Vict. c. 97, s. 3. (e) Wain v. Warlters, 5 East. 10. (f) Hoadley v. McClaine, 4 M. & Sc. 340. (y) Sects. 4 and 17. (h) Knight v. Crockford, 1 Esp. 191, the documents themselves; and parol evidence is not required to show such connection. Illustration. The following sale-note was sent by the vendors to one Sanderson, unsigned. "Bought of Jackson & Hankin, distillers, No. 8, Oxford Street, 1,000 gallons of gin; 1 in 5 gin, 7s. £350." And subsequently they wrote him a letter asking for directions, as to delivery, signed, "Jackson & Hankin." It was held that the two documents referred sufficiently to oneanother, so as to be read together without parol evidence being necessary to explain their relation; and, consequently, that they together formed a binding contract. (~)] II. A representation as to character. [See post, Book III. Part VI. Chap. II., and 9 Geo. 4, c. 14, s. 6. III. An acknowledgement of a debt, which will bar the Statute of Limitations. [See ante, p. 15; and 9 Geo. 4, c. 14, s. 1. 3 & 4 Will. 4, c. 42, s. 5. 3 & 4 Will. 4, c. 27, ss. 14, 42. 37 & 38 Vict. c. 57, s. 8. IV. A consent to the enjoyment of a servitude, which will prevent the operation of the Prescription Act, 1832. (b) For example. Twenty years uninterrupted enjoyment of a right to the access of light gives an indefeasible title, unless it appears that it was enjoyed under a written consent. (a) Saunderson v. Jackson, 2 B. & P. 238. See also Ridgway v. Wharton, 6 H. L. C. 238; Baumann v. James, L. R. 3 Ch. 508; Long v. Miller, 4 C. P. D. 450; Stewart v. Eddowes, L. R. 9 C. P. 311, (b) 2 & 3 Will. 4, c. 71, ss. 1, 2, 3. V. Agreements between master and servant as to deductions from wages, in respect of certain matters under the "Truck Acts." [1 & 2 Will. 4, c. 37, s. 23.] VI. Special contracts with railway companies for the carriage of animals and goods. [See post, Book II. Chap. V., and 17 & 18 Vict. c. 31, s. 7.] VII. The acceptance of a bill of exchange. [See post, Book II. Chap. IX, and 19 & 20 Vict. c. 97, s. 6.] VIII. Agreements as to costs between solicitor and client. [33 & 34 Vict. c. 28, s. 4.] IX. Agreements between husband and wife that the wife's property before marriage shall be held to her separate use. [See ante, p. 9, and 33 & 34 Vict. c. 93, s. 11.] X. Special contracts between pawnor and pawnee, where the loan is over 40s. [Pawnbrokers Act, 1872, 35 & 36 Vict. c. 93, s. 24.] E CHAPTER XIV. OF TORTS GENERALLY. (a) § A TORT is an injury of which the law takes notice, proximately resulting in damage capable of legal estimation. § A TORT CONSISTS OF― I. A wrongful act. That is 1. Either the infringement of a right, viz. : (ii) The right of personal liberty. (iv) The right of private property. II. Damage. That is 1. Either actual pecuniary damage. 2. Or legal, that is, implied damage. [The damage which the law imputes, as the result of every infringement of a right. Hence an action can be maintained for the infringement of a right (except in certain cases of slander, see post, Book III. Part V. Chap. V.), without proof of actual damage, and for a breach of a duty, only when actual damage is proved. MERE DAMAGE, however great, will not support an action where there has been 1. Neither the infringement of a right (b) 2. Nor the breach of a duty. Illustration. The Commissioners of Sewers of the levels (a) See the chapter on Rights of Action, ante, p. 3. (b) Chasemore v. Richards, see ante, p. 3; Wood v. Waud, post. These of Pagham, in Sussex, erected certain groynes to pro- § TORTS FOUNDED ON CONTRACT are where a contract imposes a duty, and there has been a breach of that duty. For example. Where Jones receives goods from Smith to carry them for hire, there is a contract between Jones and Smith that the former will carry the goods safely; and also a duty imposed upon him to carry them with care. If therefore he loses the goods on the road he may be sued, at the option of Smith, either for a breach of the contract, or for negligence in the performance of his duty. 1. Where the wrongful act amounts to a felony, the remedy by action is suspended until public justice is satisfied by the prosecution of the offender. 2. If it only amounts to a misdemeanor, the party aggrieved may sue immediately. (d) (c) Rex v. The Pagham Level Commissioners, 8 B. & C. 360. |