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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

Work
Publication
Extent
vii, 237, 166 pages
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
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
Isbn
9780374961633
Instance
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

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