INDEX

Prepared by F. W. SCHENK
Librarian, Law School, University of Chicago

Revised by Editorial Department
BLACKSTONE INSTITUTE

(The Roman numerals refer to the part numbers in this volume;
the Arabic numerals to the page numbers.)

Abstract of Title, contract for an, need not be in writing, III, 96.
Acceptance,

acceptor not bound by terms not included in offer, III, 24.
by letter being posted, III, 25, 28.

when offer was made by telegram, III, 18.

essential to a contract, III, 3.

evidence of the, III, 163.

how made, III, 29, 30.

must be an act which is manifested externally, III, 29.

must not vary from terms of offer, III, 19, 20, 28.

offer and, III, 14-33.

offerer irrevocably bound after, III, 17, 26.

offer so made as to be capable of several ways of, III, 21, 22.
of rewards, III, 29.

who may accept offer, III, 31.

Accidents,

inadequately treated under the rules of the common law, II, 89.
reduced to minimum by rigid inspection, I, 12.

victims of, I, 10.

Accord and Satisfaction,

defined, III, 79, 80, 247, 248.

accord without satisfaction, III, 247.

discharge of contract by, III, 247-249.

Account, writ of, defined, III, 12.

Actions,

abolishment of the distinction between law and equity, II, 119.

Actions-Continued

covenant not to sue a personal defense, III, 230.

ex contractu, forms, III, 11-13.

Act of God, as excusing performance of contract, III, 211, 212.
Adjective Law, II, 39, 40, 42.

Administration of Estates, executor not liable on his special promise to
pay, III, 91, 92. See also Probate Courts.

Administrative Law, state deals with public interests through, II, 31.
Admiralty,

courts of Great Britain, II, 93-95, 100, 102, 103.

law of Great Britain, II, 93-95, 104.

Agency. See Principal and Agent.
Agreement. See also Contracts.
defined, III, 3, 14, 15.

made by post, III, 25-28.

not to be performed within one year must be in writing, III, 92, 98, 99.
requires two or more parties, III, 107.

Aliens,

defined, III, 113.

at common law could hold no property, III, 114.

Congress may confiscate goods and property of, in time of war, III,

114

contracts of, III, 113, 114.

may sue and be sued, III, 114.

rights of, to hold property regulated by statute, III, 114.
Alteration,

of instruments, defined, III, 243.

change with consent of parties constitutes no, III, 244.

material, what constitutes, III, 243.

must be made by a party, to operate as a discharge of other party,

of written contract discharges other party, III, 242-244.

Ambassadors and Consuls, citizenship of children of, III, 113, 114.
American Law. See also Anglo-American Law.

content of the adopted common law, II, 114-116.

demand for a native law, II, 113, 114.

development of the common law in America, II, 119, 120.

Anglo-American Law, II, 10, 11, 15, 16, 121. See also American Law.
Anglo-Saxon Law, II, 47-51, 56, 57, 59-61.

Animals, fencing in of, American rule different from that of England,
II, 115.

Anticipatory Breach,

of a covenant of a lease, III, 203.

rules of, apply only to bilateral contracts, III, 204.

Anti-Trust Law, forbids combinations in restraint of trade, III, 127.

Appeal of Felony, under early English law, II, 63.

Arbitration and Award,

agreement to submit to, III, 124, 125, 250.

at common law, not favored, III, 249.
award determines what is due, III, 249.

discharge of contracts by, III, 249, 250.

submission revocable at any time before award, III, 250.

Architect, approval of, on payments under building contracts, III, 191.
Arson, an offense against the king under early English law, II, 64.
Assault,

early English law of, II, 49.

right of action for, non-assignable, III, 148.

Assignment,

defined, III, 141.

in bankruptcy, III, 152.

in equity every right assignable, III, 150, 151.
negotiability distinguished from, III, 150.
of contracts, III, 137, 141-152.

by operation of law, III, 151, 152.

by statute, III, 150, 151.

defenses, III, 144, 145.

form, III, 146, 147.

in equity, III, 143, 144, 149.

liabilities may not be assigned, III, 141, 142.
may be oral or in writing when, III, 146.
novation, III, 143.

of future earnings, III, 147.

of rights, III, 142.

by statute, III, 143.

in equity, III, 142.

operative words, III, 147.

personal service contracts not assignable, III, 145, 146.
statutes sometimes require, to be in writing, III, 146.
what are assignable, III, 145, 146.

of debts, III, 141, 144, 148, 149.

of lease, III, 96, 151.

of negotiable instruments under law merchant, III, 142.
of right of payment on a contract, III, 142.

partial, III, 148, 149.

in equity, III, 149.

of a debt, III, 148, 149.

priority of, III, 149.

right of action for torts, III, 148.

"to sell, assign and set over," III, 147.

"to sell, assign and transfer," III, 147.

Assumpsit,

action of,

indebitatus, defined, III, 13.

permitted in common law states, III, 65.

special, III, 12, 13.

Attorney, compensation of, III, 115.

Auctions,

auctioneer the offeree at, III, 23.

bidder the offerer at, III, 23.
Authorities of the Law,

books of, II, 131.

primary, II, 122, 123.

report of opinions as, II, 131.

secondary, II, 122, 123.

statutes as, II, 131.

text books, II, 131, 132.

treatises of long tested value as, II, 131.

Award. See Arbitration and Award.

Bankruptcy,

assignee, appointment of, III, 152.

right of action on contract barred by, III, 251.

subsequent promise by discharged bankrupt, III, 71, 72, 86.
under early English law, II, 104.

Bar, tone of lowered by old systems, I, 11.

Beneficiary, rights of a, to a contract, III, 138-140.

Bibliography,

contracts, III, 254.

law, its origin, nature and development, II, 135.
Bilateral Contracts, III, 8, 9, 70.

Bill of Rights, of 1689, II, 100.

Bills and Notes,

assignment distinguished from negotiability, III, 150.
codification of the law of negotiable instruments, II, 25.

custom of law merchant in allowing three days of grace on, II, 11.
negotiation, defined, III, 150.

principles of law merchant incorporated into law of, II, 105; ш,
89, 90.

promissory note,

in payment of account, III, 88.

negotiable, III, 150.

sale of, within the Statute of Frauds, III, 103.

special laws governing the contractual obligation as created by, II, 43.
Bills of Lading, discharge of carrier for liability on, when, III, 233, 234.
Bills of Sale. See Sales.

Bond,

instrument under seal acknowledging the existence of a debt, III, 62.

Bond-Continued

of governmental agent, III, 115, 116.

of infant in criminal case, III, 109.

penal, III, 62.

sale of, regarded within the Statute of Frauds, III, 63.
single, III, 62.

Books, of Authorities. See Authorities of the Law.

Boundaries,

agreement to make a creek a boundary line, must be in writing,
III, 98.

oral agreements making a certain line the boundary, valid, when,
III, 97.

Breach of Contract,

discharge of contract for, III, 235.

failure to perform promises, III, 227.

prevention of, III, 252.

remedies for, III, 252, 253.

third persons, liability for inducing, III, 137.

Building Contracts,

destruction of building before completion, III, 221.

impossibility of performance, III, 221.

payment to be made on, upon approval by architect, III, 191.

Cancellation, of contracts, III, 253, 254.

Canon Law, contrasted with the common law, II, 45.

Carriers,

bills of lading of, discharge of liability on, III, 233, 234.

cannot contract to exempt themselves from liability to passengers,
III, 125.

Case Law.

Cases,

See Precedents.

comparison of, II, 129, 131.

doctrine of the, II, 130.

search for, value of digests in the, II, 132, 133.

study of reported, II, 128, 129.

Caveat Emptor, principle of, applied in the sale of land, III, 44.

Champerty,

defined, III, 123.

champertous contracts void, III, 123.

Chancellor,

jurisdiction of, derived from the king's power to do justice, II,

87, 90.

legal importance of, II, 86.

not hampered by rules of practice, pleading and evidence, II, 90.

office of the, II, 86-88, 101.

Chancery. See Equity.
Charter Parties, III, 185, 233.