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1856. (d) This provision was passed in consequence
of the decision in the accompanying illustration, which
is still, however, an authority in respect of all other
contracts within the Statute of Frauds.
Illustration. Wain & Co., forbore to sue one Hall, in
consideration of which Warlters promised to pay
them some £56, the amount due from Hall to them.
The promise was in writing, but no mention was
made of the consideration of the guarantie. It was
held that the plaintiffs could not recover. (e)]

(6.) The price, under section 17. If the price has been
agreed upon.
Otherwise a reasonable price will be
implied.
Illustration. Hoadly, a coach-builder, contracted in

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. :
(i) The right of personal security.

(ii) The right of personal liberty.
(iii) The right of personal character.

(iv) The right of private property.
2. Or, the breach of a duty.

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-
tect the levels from the inroads of the sea.
groynes caused the sea to flow with greater violence.
against, and so to injure, the adjoining lands of King.
King sued the commissioners for compensation; but
the court held that they had committed no wrongful
act; as every man has a right to protect his own, and
there is no duty cast upon him to protect his neigh-
bours's land from the common enemy. (c)

§ 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.
(d) Reg. v. Hardey, 14 Q. B. 541.

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