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Waithman v. Wakefield, 247.

Wake v. Harrop, 106, 119, 181, 291, 294.

v. Tinkler, 553, 607. Wakefield v. New bon, 54. Walcot v. Goulding, 577. Walker's case, 629. Walker v. Barnes, 585. v. Butler, 537, 540. v. Chapman, 65.

v. Clements, 550.

v. Constable, 132, 151, 584.

v. Hatton, 599, 600.

v. Moore, 596.

v. Nevill, 500, 506.

v. Nussey, 161.

v. Perkins, 399.

v. Rostron, 610.

-- v. Witter, 74.

Wallace v. Kelsall, 470, 486.

Waller v. Lacy, 496, 533, 534.
Wallis v. Day, 389.

v. Littell, 109.

Walmesley v. Cooper, 504.
Walsh v. Fussell, 621.

v. Whitcomb, 287. Walstab v. Spottiswoode, 61. Walter v. Cubley, 427, 432. Walton v. Hastings, 432. v. Mascall, 337, 338. v. Waterhouse, 362. Warburg v. Tucker, 561. Ward v. Byrne, 388, 389. v. Day, 355.

v. Evans, 268, 283, 490. v. Londesborough, 61. (Lord) v. Lumley, 429. Warden v. Jones, 131. Waring v. Favenck, 300. Warlow v. Harrison, 20. Warner v. M'Kay, 304.

v. White, 373.

v. Willington, 101, 142, 144,

147, 150.

Warre v. Calvert, 567.

Warrington v. Early, 426.

v. Furbor, 338.

Warwick v. Bruce, 134, 231.

v. Slade, 153.

Warwicker. Noakes, 482, 483.

Waterhouse v. Keen, 57.

v. Skinner, 347.

Waters v. Earl of Thanet, 529, 534,

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Watson v. Pears, 446.
v. Spratley, 132.
v. Swann, 269.
Watters v. Smith, 487.
Watts v. Friend, 138.

v. Porter, 604.

Waugh v. Bussell, 427.
v. Carver, 277.

v. Cope, 495, 537.

Way v. Hearne, 120, 174, 190, 203.
Wayman v. Hilliard, 69.
Waymell v. Reed, 401.
Weatherall v. Geering, 602.
Weatherby v. St. Giorgio, 486.
Webb v. Brook, 396.

v. Fairmaner, 446.

v. Plummer, 115, 116.

v. Russell, 615, 618, 626, 627. v. Spicer, 105, 504, 505. Webber v. Maddocks, 432.

v. Stanley, 119.

Webster v. Seekamp, 267.

-- v. Webster, 131, 399, 604. Wedlake v. Hurley, 610.

Weeks v. Maillardet, 79, 433.

Wegener v. Smith, 613.

Welby v. Drake, 474.

Weld v. Baxter, 624.

Welford v. Beazely, 142, 149.
Welland Ry. Co. v. Blake, 75, 523.
Weller v. Baker, 241.
Wells v. Forster, 381.

v. Girling, 403.

v. Hopkins, 438, 594.

v. Horton, 136.

v. Malbon, 237, 635. Maxwell, 447. v. Wells, 326.

v.

v. Williams, 395, 397. Wennall v. Adney, 316, 318. Wentworth v. Bullen, 90.

v. Chevill, 96, 334, 522.
v. Cock, 642, 643, 644.
v. Tubb, 248.

Werner v. Humphreys, 22, 643.
West v. Blakeway, 418, 419.

Western v. M'Dermot, 616, 621.

Westhead v. Sproson, 25.
Westlake v. Adams, 64, 312.

Weston v. Collins, 343.

➖➖v. Downes, 198, 438, 593.
Westropp v. Solomon, 25, 41, 60.
Wetherell r. Jones, 376, 405.
v. Julius, 616, 647.

v. Langston, 80, 81, 215, 216,
601.
Wharton v. Mackenzie, 233, 231.
v. Walker, 609, 610.

Whatman v. Gibson, 616.
Wheatcroft r. Hickman, 278.

Wheatley r. Slade, 171. v. Williams, 69, 70.

Wheeler v. Collier, 144.

Wheelton v. Hardisty, 192, 200, 201,

202.

Whelpdale's case, 209, 213.

Whistler v. Forster, 605, 612, 642. Whitcher v. Hall, 221.

Whitcomb v. Whiting, 487, 543. White v. Beeton, 350.

v. Bluett, 327.

—— v. Carmarthen & Cardigan Ry. Co., 259.

v. Corbett, 331, 561.

-t.

Cuyler, 265, 285, 290, 508.

v. Garden, 196.

--. Proctor, 151, 152.
--. Woodward, 314.
Whitehead v. Howard, 5 12.
r. Tattersall, 516.

v. Tuckett, 271, 272, 273.
v. Walker, 528.

Whitelock v. Musgrove, 119.
Whitham (In the goods of), 636.
Whitlock's case, 626.

Whitlock v. Underwood, 443.
Whitmore v. Gilmour, 619, 651.
Whittakere. Howe, 391.
Whyman . Garth, 107.
Wickham v. Harding, 518.

Widders v. Gorton, 181.

Wigg. Shuttleworth, 411.

Wigglesworth v. Dallison, 115.

Wilcox v. Storkey, 516.

Wild v. Williams, 501.

Wilde v. Clarkson, 83, 472, 567, 577,

580, 586.

-- v. Fort, 418.

--- v. Gibson, 187, 188.

v. Waters, 133.

Wilkinson v. Byers, 319, 320, 326,

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v. Lake, 144.

e. Leper, 128.

v. Lloyd, 358, 365.

v. Millington, 305, 490.
e. Moor, 229.

v. Protheroe, 387.

v. Rawlinson, 492, 495.

v. Reynolds, 591.

v. Smith, 544.
r. Walsby, 486.

e. Wheeler, 162.

-- v. Williams, 18. Williamson . Barton, 289, 296.

v. Clements, 323.

e. Dawes, 236.
10. Henley, 385.

v. Naylor, 530.

--e. Watts, 234. Willins v. Smith, 514. Willis e. Baldwin, 402.

➖➖r. De Castro, 501, 505.

-v. Dyson, 278.

e. Newham, 537.

e. Peckham, 320.

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Co., 571.

v. Mushett, 399.

v. Nelson, 582.

V.

Kay, 56, 66, 105, 406. v. Short, 386.

—— c. Tumman, 268, 269.

r. West Hartlepool Ry. Co., 257.
v. Wilson, 70, 71, 173, 399.
v. Zulueta, 296.

Wiltshire v. Sims, 272.

Winch e. Keeley, 605, 607, 649.
Windsor's case (Dean of), 619.
Wing v. Mill, 27.

Winne v. Bampton, 257.
Winter v. Brockwell, 134.
v. Trimmer, 57k.
Wintle v. Crowther, 283.
Withers r. Bircham, 642.

v. Reynolds, 347.

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Wollaston v. Hakewill, 625, 628.
Wontner v. Shairp, 15.

Wood v. Barker, 404.

v. Benson, 126.

v. Copper Miners' Co., 517.

v. Dwarris, 201.

v. Leadbitter, 134, 135.
v. Manley, 135.

v. Medgley, 99.
v. Scarth, 171.
-- v. Smith, 552.
Woodbridge v. Spooner, 105.
Woodhouse v. Shipley, 398.
Woodland v. Fear, 60, 61.
Woodman v. Chapman, 633.
Woodward v. Gyles, 578, 582.
Woollam v. Hearn, 176.
Woolley v. Smith, 562, 563.
Wootton v. Steffenoni, 618.
Worley v. Harrison, 335.

Worsley v. Wood, 101, 336.
Worth, Ex p., 192.

Worthington v. Grimsditch, 475, 493,

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Wright. Burroughes, 627. -- v. Chard, 239.

v. Dannah, 152.

v. Fairfield, 645, 646.
v. Howard, 440.

v. Laing, 406, 496, 497.
v. Leonard, 227, 235.
n. Stavert, 132.

Wrightup v. Chamberlain, 599. Wyatt v. Marquis of Hertford, 484, 487.

v. Hodson, 487, 544. Wyllie v. Wilkes, 575. Wynn v. Morgan, 448.

- v. Shropshire Union Ry. Co., 412.

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THE LAW OF CONTRACTS.

INTRODUCTION.

THE Legal Rights comprehended in the term Property, used with its largest meaning as including according to the language of the English law all real and personal estate, are commonly divided by jurists into the two classes of Rights to Things and Rights against Persons, or, using the more familiar terms of the civil law, jura in rem and jura in personam (a).

Things,

jura in rem.

Rights to Things, jura in rem, have a material subject as Rights to land or goods, and are exercised upon the subject by using or disposing of it according to the measure and extent of the right. The right subsists in the owner by virtue of a correlative negative legal duty, imposed generally upon all persons to forbear from interfering with the owner in the use or disposal of the subject in any manner permitted by his right; and the full exercise and enjoyment of the right by the owner does not require the active intervention of any other determinate person. An infringement of the right by

(a) Mackeldey, Lehrbuch des Römischen Rechts, § 15; Warnkoenig, Commentarii Juris Romani Privati,

§ 95; Austin's Jurisprudence, 2nd
ed., lxxvii, xcv; 2 ib. 32; 3 ib. 189;
Maine's Ancient Law, 315.

B

in per.

sonam.

any determinate person constitutes an injury, for which the law provides a remedy by action (a).

Rights Rights against a Person, jura in personam, have for their against persons, jura subject an act of some certain and determinate person, as the delivery of goods, the payment of money, the doing or not doing of some particular thing by that person, and are exercised by requiring him to perform the act which forms the subject of the right. This right subsists by force of a correlative positive legal duty imposed upon the determinate person to act in the manner prescribed; and the exercise and enjoyment of the right depends immediately upon his due performance of that duty. The right is secured by law by means of an action given for any deviation from that performance which forms the subject of the right (b).

Jura ad rem.

The term jura ad rem is sometimes used with the same meaning as the term jura in personam, and it involves a special conception of that class of rights which requires to be noticed. A jus in personam, as above described, signifies that the owner of the right is entitled to some act or performance of another. Now, if the act or performance, which is the subject of the jus in personam, consists in the delivery of some thing to the owner of the right, the right may be regarded as a right to acquire that thing by means of the delivery; and upon the completion of the delivery the owner becomes actually possessed of the thing, and is invested with a jus in rem in respect of it. This inchoate right to a thing, or right to acquire a thing by means of the act of another person, is called a jus ad rem. It may therefore be explained to be a jus in personam, in which the act forming the subject of the right consists in the delivery of a thing, viewed in regard to its ultimate result as producing a right to the thing to be delivered. The jus ad rem by the process commonly known as a reduction into possession results in a jus in rem (c).

(a) Mackeldey, § 208; Warnkoenig, § 95; Austin's Jur. lxxvii, lxxx; 3 ib. 189.

(b) Mackeldey, §§ 15, 329; Warnkoenig, §§ 95, 404; Austin's Jur.

lxxvii; 3 ib. 189; Savigny, Obligationenrecht, § 2.

(e) Warnkoenig, § 404; 3 Austin's Jur. 191-197.

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