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Handon. M

1897

PRINCIPLES

OF THE

ENGLISH LAW OF CONTRACT

AND OF

AGENCY IN ITS RELATION TO CONTRACT

ANSON

STANFORD LAW LIBRARY

London

HENRY FROWDE

AND

STEVENS AND SONS, LIMITED

DOMENINA
NVSTIO
ILLUMEA

New York
MACMILLAN & CO.

66 FIFTH AVENUE

PRINCIPLES

OF THE

ENGLISH LAW OF CONTRACT

AND OF

AGENCY IN ITS RELATION TO CONTRACT

BY

SIR WILLIAM R. ANSON, BART., D.C.L.

OF THE INNER TEMPLE, BARRISTER-AT-LAW

WARDEN OF ALL SOULS COLLEGE, OXFORD

Eighth Edition

Orford

AT THE CLARENDON PRESS

LONDON: HENRY FROWDE

OXFORD UNIVERSITY PRESS WAREHOUSE, AMEN CORNER, E.C.

AND

STEVENS & SONS, LIMITED

119 & 120 CHANCERY LANE

1895

Oxford

PRINTED AT THE CLARENDON PRESS

BY HORACE HART, PRINTER TO THE UNIVERSITY

PREFACE TO THE SIXTH EDITION

WHEN the subject of Contract was first introduced into the School of Jurisprudence at Oxford, in the year 1877. teachers of Law had to consider the books which their pupils might best be directed to read. Some works on the subject of acknowledged value to the practising lawyer were hardly suitable for beginners, and the choice seemed to lie between the works of Mr. Leake, Sir Frederick Pollock, and the late Mr. Smith. Of these, Mr. Smith alone wrote expressly for students, and I had, as a student, read his book with interest and advantage. But I thought that it left room for an elementary treatise worked out upon different lines.

Neither Sir Frederick Pollock nor Mr. Leake wrote for beginners, and I feared lest the mass of statement and illustration which their books contain, ordered and luminous though it be, might tend to oppress and dishearten the student entering upon a course of reading for the School of Law. Being at that time the only public teacher of English Law in the University, I had some practical acquaintance with the sort of difficulties which beset the learner, and I endeavoured to supply the want which I have described. In working out the plan of my book I necessarily studied the modes of treatment adopted by these two writers, and I became aware that they are based on two totally different principles. Mr. Leake treats the contract as a subject of

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