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The Resource The history of contract in early English equity, by W. T. Barbour. The abbey of Saint-Bertin and its neighbourhood, 900-1350, by G. W. Coopland

The history of contract in early English equity, by W. T. Barbour. The abbey of Saint-Bertin and its neighbourhood, 900-1350, by G. W. Coopland

Label
The history of contract in early English equity
Title
The history of contract in early English equity
Statement of responsibility
by W. T. Barbour. The abbey of Saint-Bertin and its neighbourhood, 900-1350, by G. W. Coopland
Creator
Contributor
Subject
Language
eng
Related
Member of
Cataloging source
DLC
http://library.link/vocab/creatorName
Barbour, W. T.
Illustrations
illustrations
Index
index present
LC call number
KD1554.Z9
LC item number
B37 1974
Literary form
non fiction
Nature of contents
bibliography
http://library.link/vocab/relatedWorkOrContributorDate
1896-
http://library.link/vocab/relatedWorkOrContributorName
Coopland, George William
http://library.link/vocab/subjectName
  • Saint-Bertin (Monastery : Saint-Omer, Pas-de-Calais, France)
  • Contracts
  • Equity
  • Monasticism and religious orders
  • Land tenure
  • Peasants
  • Contrats
  • Équité
  • Equity
  • Propriété foncière
  • Seigneuries
  • Paysannerie
Label
The history of contract in early English equity, by W. T. Barbour. The abbey of Saint-Bertin and its neighbourhood, 900-1350, by G. W. Coopland
Instantiates
Publication
Note
Reprint of the 1914 editions published by Clarendon Press, Oxford, which were issued as v. 4, no. 7-8, of Oxford studies in social and legal history
Bibliography note
Includes bibliographical references
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Contents
  • Introduction: The purpose of this essay -- Part I. Contract in the common law -- Chapter I. Introductory -- Chapter II. The common law actions -- Section I. Account -- Origin and nature of account -- Limitations on the action ; it succumbs to competition with chancery -- Section II. Covenant and the contract under seal -- I. Action of covenant -- Origin and development -- Limitations on the action -- (1) Required a sealed writing to support it -- (2) Lay only for recovery of damages -- Disadvantages of convenant -- II. Contract under seal -- Effect of attaching a seal -- Strict interpretation of written instrument -- Defences against a deed -- Section III. Debt and detinue -- Intimate relation between the two actions -- Debt represents an archaic conception -- Debet et detinet : the distinction -- Detinue -- I. Nature of detinue -- Was it founded on contract or on tort? -- II. Limitations on the use of the action -- Debt -- I. Characteristics of the action -- II. Doctrine of quid pro quo -- III. Was agency recognized by the action? -- IV. Proof -- V. Disadvantages of debt -- Section IV. Assumptsit -- Assumpsit a delictual action perverted from its original purpose -- Contract and tort : contract in the Year Books -- Development of assumpsit -- Action allowed for misfeasance -- Why does an assumpsit appear in trespass on the case? -- Original conception of a tort -- Extension of the conception -- Struggle to carry the action from misfeasance to non-feasance -- (a) In trespass on the case -- A pivotal case: 14 H. VI. 18-58 -- (b) In deceit -- 'Covenant' converted into a tort -- Motives which induced the judges to allow the action to lie for non-feasance -- Assumpsit becomes a contractual action in 1504 -- Limitation imposed on the action : deceit to the plaintiff -- Section V. Summary -- The defects of the common law in the fifteenth century -- Chapter III. The doctrine of consideration -- Two distinct problems in history of parol contract -- 'Consideration' first appears in sixteenth century in assumpsit -- Old meaning of the term consideration -- Theories as to origin of the doctrine -- I. A modified generalization of the requirement of quid pro quo -- Criticism -- II. Identified with the Detriment to the plaintiff in assumpsit -- Criticism -- III. A principle imported into the action of assumpsit from equity -- Criticism -- Were parol contracts enforced in equity? -- Purpose of second part of this essay
  • Part II. Contract in equity -- Chapter I. Introductory -- Material upon which this essay is based -- Nature of the early chancery proceedings -- Relative number of cases involving contract -- Absence of answers and indorsements -- Why was it desirable to bring a case in equity? -- Division of the subject -- Chapter II. The scope of equitable jurisdiction in contract -- Principle of classification of cases -- Section I. Petitions brought in chancery despite the existence of a remedy at common law in theory -- Reasons for bringing these cases in equity -- 1. The parties -- 2. The place where the transaction occurred -- 3. Inequality of parties -- (1) Poverty of the petitioner -- (2) Maintenance and power of the defendant -- 4. Failure of common law practices -- Did the chancellor decide these cases on principles of equity and conscience? -- Section II. Petitions relating to obligations under seal -- 1. Obligation satisfied, but obligor has no acquittance -- 2. Parol condition annexed to a simple (unconditional) obligation -- 3. Obligation executed for a specific purpose -- 4. Variation of obligation by subsequent parol agreement -- 5. Inquiry into consideration of obligations -- Section III. Petitions for recovery of 'debts' -- I. Cases in which the law theoretically provides a remedy -- Reasons for bringing such cases in equity -- II. Cases in which there was no remedy at law -- 1. Debt proved b obligation which is lost or destroyed -- 2. Transactions abroad -- 3. Actions against executors -- Must the executor have assets? -- 4. No definite sum agreed upon -- 5. Implied promise to pay -- 6. Benefit conferred on a third party -- 7. Assignment of debts -- Novation distinguished -- Section IV. Petitions for recovery of personal property -- Superiority of the equitabe remedy -- Section V. Petitions against vendors of land -- 1. Types of cases in which the subpeona is brought -- 2. The parties -- 3. Relief granted -- (a) Specific performances -- (b) Damages -- Section VII. Marriage settlements -- 1. Types of cases -- 2. Parties -- 3. Relief granted -- Section VIII. Partnership -- Section IX. Agency -- Section X. Guarantee and Indemnity -- 1. Guarantee -- 2. Indemnity -- Section XI. Agreements of a general character -- 1. Agreements for personal services -- (a) Promise to erect a building -- (b) Carriage and delivery of goods -- (c) Special services -- 2. Agreements for the compromise of claims, & c. -- (1) Cases of 'award' -- (a) Promise to 'stand by' an award -- (b) Promise to make an award in a particular way -- (2) Agreements concerning litigation -- (3) Performance of a specific act, in general -- Chapter III. Procedure and proof -- I. Procedure -- The petition, its character -- The answer and other pleadings -- The relief -- II. Proof -- Petitioners offer to testify -- Examination of defendant -- An illustrative case -- Method of examination -- Chapter IV. The theory of contract in chancery -- Absence of remedy at law -- The motive of the chancellor -- Reason and conscience -- Three classes of cases -- I. Cases in which a party has failed to avail himself of his rights -- II. Enforecement of parol contract -- Principles upon which the chancellor acted in enforcing parol contract -- Conclusion -- Note A: Detinue -- Note B: Trespass sur le cas -- Appendix of cases -- Index
Control code
1133598
Dimensions
23 cm
Extent
vii, 237, 166 pages
Isbn
9780374961633
Lccn
73022303
Media category
unmediated
Media MARC source
rdamedia
Media type code
  • n
Other physical details
illustrations
System control number
(OCoLC)1133598
Label
The history of contract in early English equity, by W. T. Barbour. The abbey of Saint-Bertin and its neighbourhood, 900-1350, by G. W. Coopland
Publication
Note
Reprint of the 1914 editions published by Clarendon Press, Oxford, which were issued as v. 4, no. 7-8, of Oxford studies in social and legal history
Bibliography note
Includes bibliographical references
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Contents
  • Introduction: The purpose of this essay -- Part I. Contract in the common law -- Chapter I. Introductory -- Chapter II. The common law actions -- Section I. Account -- Origin and nature of account -- Limitations on the action ; it succumbs to competition with chancery -- Section II. Covenant and the contract under seal -- I. Action of covenant -- Origin and development -- Limitations on the action -- (1) Required a sealed writing to support it -- (2) Lay only for recovery of damages -- Disadvantages of convenant -- II. Contract under seal -- Effect of attaching a seal -- Strict interpretation of written instrument -- Defences against a deed -- Section III. Debt and detinue -- Intimate relation between the two actions -- Debt represents an archaic conception -- Debet et detinet : the distinction -- Detinue -- I. Nature of detinue -- Was it founded on contract or on tort? -- II. Limitations on the use of the action -- Debt -- I. Characteristics of the action -- II. Doctrine of quid pro quo -- III. Was agency recognized by the action? -- IV. Proof -- V. Disadvantages of debt -- Section IV. Assumptsit -- Assumpsit a delictual action perverted from its original purpose -- Contract and tort : contract in the Year Books -- Development of assumpsit -- Action allowed for misfeasance -- Why does an assumpsit appear in trespass on the case? -- Original conception of a tort -- Extension of the conception -- Struggle to carry the action from misfeasance to non-feasance -- (a) In trespass on the case -- A pivotal case: 14 H. VI. 18-58 -- (b) In deceit -- 'Covenant' converted into a tort -- Motives which induced the judges to allow the action to lie for non-feasance -- Assumpsit becomes a contractual action in 1504 -- Limitation imposed on the action : deceit to the plaintiff -- Section V. Summary -- The defects of the common law in the fifteenth century -- Chapter III. The doctrine of consideration -- Two distinct problems in history of parol contract -- 'Consideration' first appears in sixteenth century in assumpsit -- Old meaning of the term consideration -- Theories as to origin of the doctrine -- I. A modified generalization of the requirement of quid pro quo -- Criticism -- II. Identified with the Detriment to the plaintiff in assumpsit -- Criticism -- III. A principle imported into the action of assumpsit from equity -- Criticism -- Were parol contracts enforced in equity? -- Purpose of second part of this essay
  • Part II. Contract in equity -- Chapter I. Introductory -- Material upon which this essay is based -- Nature of the early chancery proceedings -- Relative number of cases involving contract -- Absence of answers and indorsements -- Why was it desirable to bring a case in equity? -- Division of the subject -- Chapter II. The scope of equitable jurisdiction in contract -- Principle of classification of cases -- Section I. Petitions brought in chancery despite the existence of a remedy at common law in theory -- Reasons for bringing these cases in equity -- 1. The parties -- 2. The place where the transaction occurred -- 3. Inequality of parties -- (1) Poverty of the petitioner -- (2) Maintenance and power of the defendant -- 4. Failure of common law practices -- Did the chancellor decide these cases on principles of equity and conscience? -- Section II. Petitions relating to obligations under seal -- 1. Obligation satisfied, but obligor has no acquittance -- 2. Parol condition annexed to a simple (unconditional) obligation -- 3. Obligation executed for a specific purpose -- 4. Variation of obligation by subsequent parol agreement -- 5. Inquiry into consideration of obligations -- Section III. Petitions for recovery of 'debts' -- I. Cases in which the law theoretically provides a remedy -- Reasons for bringing such cases in equity -- II. Cases in which there was no remedy at law -- 1. Debt proved b obligation which is lost or destroyed -- 2. Transactions abroad -- 3. Actions against executors -- Must the executor have assets? -- 4. No definite sum agreed upon -- 5. Implied promise to pay -- 6. Benefit conferred on a third party -- 7. Assignment of debts -- Novation distinguished -- Section IV. Petitions for recovery of personal property -- Superiority of the equitabe remedy -- Section V. Petitions against vendors of land -- 1. Types of cases in which the subpeona is brought -- 2. The parties -- 3. Relief granted -- (a) Specific performances -- (b) Damages -- Section VII. Marriage settlements -- 1. Types of cases -- 2. Parties -- 3. Relief granted -- Section VIII. Partnership -- Section IX. Agency -- Section X. Guarantee and Indemnity -- 1. Guarantee -- 2. Indemnity -- Section XI. Agreements of a general character -- 1. Agreements for personal services -- (a) Promise to erect a building -- (b) Carriage and delivery of goods -- (c) Special services -- 2. Agreements for the compromise of claims, & c. -- (1) Cases of 'award' -- (a) Promise to 'stand by' an award -- (b) Promise to make an award in a particular way -- (2) Agreements concerning litigation -- (3) Performance of a specific act, in general -- Chapter III. Procedure and proof -- I. Procedure -- The petition, its character -- The answer and other pleadings -- The relief -- II. Proof -- Petitioners offer to testify -- Examination of defendant -- An illustrative case -- Method of examination -- Chapter IV. The theory of contract in chancery -- Absence of remedy at law -- The motive of the chancellor -- Reason and conscience -- Three classes of cases -- I. Cases in which a party has failed to avail himself of his rights -- II. Enforecement of parol contract -- Principles upon which the chancellor acted in enforcing parol contract -- Conclusion -- Note A: Detinue -- Note B: Trespass sur le cas -- Appendix of cases -- Index
Control code
1133598
Dimensions
23 cm
Extent
vii, 237, 166 pages
Isbn
9780374961633
Lccn
73022303
Media category
unmediated
Media MARC source
rdamedia
Media type code
  • n
Other physical details
illustrations
System control number
(OCoLC)1133598

Library Locations

    • Missouri University of Science & Technology Library DepositoryBorrow it
      2908 Lemone Blvd, Columbia, MO, 65201, US
      38.919360 -92.291620
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