OBLIGATION. meanings of the term, 3, 82. See Moral Obligation. OFFER. of contract, 12. acceptance of, 12, 13. variance between offer and acceptance, 14. continuance of, 17. by letter, 18. revocation of, 20. by death, 22. refusal of, 22. not assignable, 23, 602. in writing, accepted by parol, 102. is sufficient note of contract within Statute of Frauds, 102, 150. in writing signed before acceptance, is sufficient note within the Statute, 143. OFFENCES. contracts for commission of, illegal, 382. compounding offences illegal, 383. prosecution for perjury, 383. for assault, 384. for nuisance, 384. petition for bribery, 384. money paid to compound prosecution, when recoverable, 408. OFFICE. fees obtained by usurpation of, how recoverable by party entitled, 50. illegal and excessive fees obtained by, recoverable, 57. persons jointly filling, must act jointly, 212. traffic in public offices illegal, 381. contracts for sale of, 381. contracts for resignation of, 382. OPPRESSION. money obtained by, when recoverable, 54, 67. ORDER. payment by debtor according to creditor's order, 482. effect of order by creditor upon debtor in assigning the debt, 603, 610. when it amounts to a bill of exchange, 603, 610. bills and notes payable to order, 611. See Assignment. PARENT. not liable for necessaries supplied to child, unless ordered by him, 27. parol contracts, 97. meaning of term, 98 (a). parol evidence in variance of written contract, 103. See Writing. when contract in writing may be altered or discharged by, 414. contract within Statute of Frauds cannot be altered or in part waived by, 415. whether it can be wholly waived by, 416. bills and notes may be discharged by parol waiver, 418. contract under seal cannot be altered or discharged by parol agreement, 418. parol license no excuse for breach, 418. condition precedent to covenant cannot be discharged by parol, 419. parol agreement in variance of deed may be binding, 420. and may be ground of equitable defence, 421. right of action cannot be released by parol, 498. effect of parol release in equity, 499. PARTIES. number of parties, 210. contract must involve two parties, 210. joint contracts, 212. joint debtors, 213. must all be sued, 213. plea in abatement of non-joinder, 213. joint creditors, 215. must all join in suing, 215. effect of omitting joint-creditor as plaintiff, 215, 216. parties contracting severally respecting same matter, 216. construction of contracts as to joint and several parties, 218. as to joint and several liability, 218. as to joint and several rights, 218. contracts construed according to the interests of the parties, 218. rights of joint and several parties as between themselves, 220. contract affects parties only, 221. exception as to contract by agent on behalf of principal, 222. who are the parties to a contract, 223. contracts expressly inter partes, 223. designation of parties by description, 224. deeds poll, 224. parties entitled by statutes, 225. extrinsic evidence necessary of identity of parties, to written contract, 119. PARTNERS. authority of one partner to bind the others, 277. how far participation in profit renders a person liable as partner, 277. revocation or restriction of partner's authority, 278. dissolution of partnership, 279. retirement of partner, 279, 287. contracts by partner in fraud of partnership, 279. names of partners may be used or name of firm, 280. bills negotiated by partner in fraud of partnership, 282. bill given by partner for separate debt, 282. partner can bind his co-partners jointly only and not severally, 281. infant partner, how far bound, 229, 231. payment to one of partners, 486. transfer of debts upon change in firm, 611. account stated respecting balance of account between partners, 73. payment in written contract primâ facie means cash, 113. usage of trade as to credit, 113. payment of part of debt or interest takes debt out of the Statutes of part payment of price takes sale out of the Statute of Frauds, 161. See PAYMENT INTO COURT. of principal and interest due on bond, 83, 575. must accompany plea of tender, 453. PENALTY. whether sum payable on breach of contract is penalty or liquidated relief against penalty for breach of contract, 82, 575. See Bond; Damages. statute imposing penalty impliedly prohibits, 376. statutory regulations of trade enforced by penalty, 393. contracts contrary to such regulations void, 393. limitation of actions for, by informer, 523. by party grieved, 523. under a bye-law, 523. PERFORMANCE. discharge of contracts by, 435. tender of, 435. must accord with the terms of the contract, 435. of contract to pay money, 436. payment in satisfaction, 436. transactions equivalent to payment, 437. of contracts for sale of goods, 437. as to quantity and quality of goods, 437. See Payment. of contract for sale of land, 439. where no time expressly appointed, 443. construction of contracts as to time, 444. meaning of terms "forthwith", etc., used in contracts, 44. Sce Words. POST. place for performance of contract, 448. where no place appointed, debtor bound to find creditor, 448. under bonds, 448. mortgages, 449. covenant to pay rent, 449. rent reserved payable on the land, 449. must be demanded on the land before re-entry for forfeiture, bills and notes, 450. when made payable at a particular place, 450. debtor excused from tender, if creditor abroad, 450. offer to be accepted by return of post, 17. offer by letter, by what post to be accepted, 18. contract complete on posting acceptance, 18. delay of acceptance in post, 19. payment of money by post, 482. by post-office order, 482. POWER OF ATTORNEY. necessary for execution of deed, 265. joint and several, how exercised, 284. deed must be made and executed in name of principal, 285. attorney executing in his own name, 285. when revocable, 287. revoked by death of principal, 288. of Bank of England, requires notice of death, 288. PRESENTMENT. of bill for payment, necessary to charge drawer or indorser, 340. consequences of neglect of, 479, 480. PRINCIPAL AND AGENT. contracting by agent, 264. appointment of agent, 265. modes of appointing, 265. power of attorney, 265. when writing required, 266. implied authority, 266. authority arising from necessity, 267. extent of authority, 270. construction of written authority, 270. power of attorney, 270. general and particular agents, 271. particular authority, 273. PRINCIPAL AND AGENT-continued. factor, 274. broker, 275. del credere agent, 276. master and servant, 283. execution of agency, 284. delegation of authority, 285. revocation of authority, 286. authority coupled with interest irrevocable, 286. when notice of revocation necessary, 287. revocation by death, 288. construction of contracts as to whether the principal or the agent is the actual party, 289. in contracts under seal, 290. in simple contracts in writing, 290. contracts with brokers, 292. partners, 292. solicitors, 292. bills of exchange and promissory notes, 293. extrinsic evidence of agency not admissible to discharge party from written contract, 294. in contracts not in writing, 295. contracts with foreign principal, 295. sales by auction, 296. contracts with carriers, 296. liability of principal on contract made by agent, 296. extrinsic evidence of agency admissible to charge principal on written exception with bills and notes, 297. and contracts under seal, 297. condition that principal is not prejudiced by being charged, 299. charging principal discharges agent, 300. right of principal on contract made by agent, 300. extrinsic evidence of agency admissible to entitle principal on written exception as to bills and notes and contracts under seal, 302. condition that other party is not prejudiced by principal suing, 303. contract by party as agent who is himself the principal, 305. contract made by agent for another, without authority, 307. payment by agent, 487. to agent, 488. authority of agent to receive payment, 488. imports payment in money only, 490. PRINCIPAL AND SURETY. See Guarantee. PRINTING. statutory regulations of, 394. printer cannot recover for printing unless he has complied with, 394. PRISONER. See Imprisonment. of war, contracts of, 396. PROCESS. money obtained under legal process not recoverable while process stands, 55. under colour of legal process, 55. remedy by setting aside or amending, 55. |