OF THE PRINCIPLES OF THE LAW OF SIMPLE CONTRACTS. BY CLAUDE C. M. PLUMPTRE, OF THE MIDDLE TEMPLE, ESQ., BARRISTER-AT-LAW. BUTTERWORTHS, 7, FLEET STREET, Law Publishers to the Queen's most excellent Majesty. DUBLIN: HODGES, FOSTER & CO. EDINBURGH: T. & T. CLARK; BELL & BRADFUTE. CALCUTTA: THACKER, SPINK & CO. MELBOURNE: GEO. ROBERTSON. PREFACE. IT may cause some little surprise when it is seen that, notwithstanding the many able works on the Law of Contracts that have been published, I have ventured to add yet another volume to that already formidable array of legal literature. The reason why I have done so is, because this branch of the Law, however diversely treated, still remains unreduced, whether by means of Articles and Notes, or Rules and Subrules, or otherwise, into the form of a Concise Summary or Digest; and in the present work I have hoped, to a certain extent, to supply the want thus existing. This mode of writing Law Books has lately become very popular, and meets, I believe, with considerable success. To Sir Fitzjames Stephen we are already indebted for two admirable Digests on the Criminal Law and the Law of Evidence, while to Mr. Underhill we owe a Summary of the Law of Torts, and a recent very excellent little work, entitled "A Concise Manual relating to Private Trusts and Trustees." In addition to these, I ought to mention Mr. Vaughan Hawkins' treatise on Wills, Mr. Pollock's work on Partnership, and Mr. Farwell's on Powers. That works like these tend to lessen the difficulties experienced in mastering and comprehending the study of the Law must, I think, on all hands, be admitted; but in the case of foreigners-Students coming, as so many do now, from India, Japan, the Cape, and other distant parts, and who have to contend against the very serious obstacle of learning a science in a language foreign to their own-their use is rendered highly valuable. The Student can there read in one short Rule, clearly and concisely stated, followed by carefully chosen cases to illustrate it and to impress it on his memory, and, not unfrequently, further explained by means of a Note or Sub-rule, what in other works, differently arranged, he finds extended perhaps over some dozen pages. Having thus read and learnt the Rule, and seen its application by the cases inserted to exemplify it, he is in a position to increase that knowledge by the perusal of larger and more exhaustive treatises. But, beyond this, they serve another object which is important, and should not be lost sight of. They accustom the Student to method, and teach him to arrange his learning in his mind somewhat as he read it arranged in the page before him; so that, instead of possessing a multitude of confused facts, which can be but of little good to him, he always has them at hand logically and well adjusted, properly connected, and ready for use when required. The only objection of which I am aware that has been raised against thus summarizing the Law is, that it encourages what is called the system of cramming-a method of learning in every way dangerous, and to be deprecated. It will be found, however, on looking a little more closely at the mode of arrangement adopted, what little truth lies in the accusation, and what slight ground for fear there is on that score. Were the Rules stated simply by themselves, they might, no doubt, be put to such a purpose; but when they are followed by cases illustrating and Notes or Sub-rules explaining them, the Student has every means at hand for procuring, not a mere superficial knowledge of his subject, but a real, comprehensive understanding, such as will serve him as a sure and trusty foundation for more advanced reading. The present work, it will be seen, has been arranged as nearly as possible after the manner of Mr. Underhill's "Summary of the Law of Torts"-a second |