( 146 ) 



CHAPTER VII. 



PRAIIDDLENT CONTRACTS, 



Where the Law does not interfere 

 Where several Persons eombine 



to cheat 



Conspiracy to cheat Indictable . . 

 There must be Evidence of Con- 

 cert 



What Evidence has been held In- 

 sufficient 



Conspiring to obtain Money by 



False Fretences 



Cvnspiriny to induce a Creditor 



to forego his Claim 



Where only one Ferson cheats, 



an Action lies 



Chandelor v. Lopus 



liemarks on that Case 



Form of Action 



Foundation of the Action 



In ivhat Fraud consists 



There must be moral Fraud .... 



Efect of Fraud 



IIoiv the Question of Fraud is to 



be decided 



Falsehood must be followed by 



Damage 



A naked Lie no cause of Action . 

 Frcsumptivn that Person de- 

 frauded was influenced by the 



Jlisrepresentation 



Due Caution must always be ob- 

 served 



Hot Fraud to suppress what there 



is no Duty to communicate . . 



Pequisites to an Action for False 



Itepresentation 



Or on Breach of Warranty .... 



Caveat Emptor 



A visible Defect and a nude As- 

 sertion 



Dealing Talk 



Collateral Fraud does not avoid a 



Contract 



A Foolish Bargain 



Representation known to be un- 

 true 



Made before a Sale by Auction . 

 Made by a Bidder at an Atiction 



14C 



147 



(d. 



id. 

 id. 

 148 

 id. 



id. 



id. 

 149 



id. 

 150 



id. 



id. 



id. 



id. 



id. 

 151 



id. 



id. 



id. 



152 

 id. 

 id. 



id. 

 id. 



153 



id. 



id. 

 id. 

 154 



Pepresentotion not known to be 



true 



A well-grounded Belief 



Delusion affecting the Contract . 

 Pepresentation to prevent In- 

 quiries 



Pepresentation through a Third 



Party 



Pepresentation by a Third Party 

 A Bona fide Pepresentation . . 

 Pepresentation as to Credit .... 

 Sale of Goods ''with all Faults" 



excludes latent Defects 



Unless there be an express War- 

 ranty 



Or Fraud is used to conceal them 



Plugging, d,-c 



Ward V. Hobbs 



Contract made voidable by Fraud 

 Where Fraud is practised upon 



the Buyer 



Except ivhere it works Injustice . 

 Where he continues to deal with 



the Article 



Where Fraud is practised upon 



the Seller 



Pesale by the Buyer to an in- 

 nocent Vendee 



Contract with intent to cheat the 



Seller 



Preconceived Design of not Pay- 

 ing for Goods 



Question for the Jury 



Pesale at a reduced Price 



Unstamped Agreement admissi- 

 ble to prove Fraud 



Payment by a Cheque which is 



dishonoured 



Fraud of an Infant 



Of a Married TJ'oman 



Where a Contracting Party is 



Weak-minded 



Drunkenness of a Contracting 



Party 



Goods kept by the Party when 

 sober 



154 



id. 

 id. 



id. 



155 

 id. 

 id. 

 id. 



156 



id. 

 id. 

 158 

 id. 

 id. 



159 

 id. 



id. 



id. 



id. 



160 



id. 

 id. 

 id. 



161 

 id. 

 id. 



162 

 id. 

 id. 



FRAUDULENT CONTRACTS. 



Where the J^ many cases, wliere an attempt is made by one man to 

 interfere.^*^ oveiTeacli another, the law does not interfere; because when 



