(3) The Flad Oyen (prize of war);

(4) The Jonge Margaretha (contraband);

(5) The Peterhof (continuous voyages);

(6) The case of the Elector of Hesse Cassel (temporary substitution of sovereignty).

FINAL EXAMINATION.

THE LAW OF CONTRACTS AND MERCANTILE LAW.

Candidates must not attempt more than EIGHT questions, but these should include II., VI. and VII.

I. (1) Contract is not so much a promise to perform as taking of a risk."

the

(2) The essential feature of a contract is not consensus ad idem,
or, an actual agreement between the parties, but merely
an expression or the phenomenon of agreement.
Explain and criticise these statements.

II. "The list of negotiable securities coming into existence under English law is closed, until the Legislature itself annexes the incident of negotiability to some fresh instruments." Is this a correct statement of the law? What instruments other than Bills of Exchange and Promissory Notes are now regarded as negotiable?

A is the secretary of the B Co., which keeps an account at the C Bank. A misappropriates (1) A debenture for £100, payable to bearer, belonging to the B Co.; and (2) A cheque for £50, payable to the B Co. or order. A procures an advance from the C Bank against the debenture; he also endorses the cheque with the name of the Co. and cashes it at the same Bank; and then absconds with the proceeds. Upon what considerations will the rights of the parties depend?

III. How far, if at all, can a person (1) acquire rights, and (2) incur liabilities, under a contract to which he is not a party?

IV. Discuss the meaning and legal effect of the doctrine of ratification in the law of agency, stating the rules governing such ratification.

V. State, shortly, the more important rules for determining the measure of damages recoverable for breach of contract, in a case where the damages are not fixed by the terms of the contract itself.

A contracts to supply B with waggons. A subsequently enters into a contract with C, under which C is to supply A with wheels for the waggons. By reason of a general strike, C is unable to deliver the wheels. In consequence of this, A makes default in his contract with B, and has to pay him heavy damages. What are A's rights as against C?

VI. Discuss the following cases, stating the principles involved, and citing authority for your conclusions

(1) A, who lives in Sydney, writes on the 1st January, 1901, to B, who lives in Penrith, offering to sell him 500 sheep at 10s. a head. B receives the letter on the 2nd January, and at once writes to A accepting his offer. B gives the letter to a postman who mislays it, in consequence of which it is not delivered to A until the 4th January. A, on the 3rd January, sells the sheep to C. The price of sheep having risen considerably, B sues A for breach of contract. (2) A enters into two unsealed contracts with a corporation. A, in the one case, partly, and, in the other case, wholly, -performs his part of the contract. The corporation in each case makes default.

(3) A agrees to sell B a large parcel of boots according to sample exhibited. The boots prove worthless, but are nevertheless equal to sample, which, as it turns out, was secretly defective.

(4) A steals a gold watch from M; procures N to sell him a ring on credit by pretending to be a rich traveller; and procures Q to sell him a picture on credit by pretending to be B. A sells the watch, ring and picture to X, who takes bona fide and for value. M, N and Q subsequently reclaim the goods from X.

VII. Write a short note on each of the following points, with respect to Bills of Exchange

(1) The effect of a bill drawn or endorsed by an infant.
(2) The effect of a transfer by delivery of a bill of exchange
payable to bearer, without endorsement.

(3) The effect of negotiating a bill of exchange after
maturity.

(4) The course to be pursued by the holder of a bill dishonoured by non-acceptance who has an offer of acceptance for honour.

VIII. What changes have been made by judicial decision, in the earlier law, on the subject of (1) Fraud; (2) Partnership; and (3) Life Insurance?

IX. What principles are laid down with respect to the amounts that will be allowed on an adjustment of loss under an open policy of marine insurance (1) on the ship, and (2) on cargo, in the case where only a partial loss has been incurred?

X. State the general effect of the Factors Act, 1899.

A, acting as factor for B, sells goods in his own name to C.
C knows that A is selling as factor, but does not know who
his principal is. A, at the time of the sale, owed C £100.
What are B's rights as against C?

XI. How far is money which has been paid (1) by mistake, and (2) for an illegal object, recoverable?

THE LAW OF TORTS AND CRIMES.

SECTION I.-TORTS.

I. Within what limits, and on what principle, is a man liable for the consequences of his tortious acts or omissions? Is there any authority for holding such liability to be greater where the wrong is a wilful trespass?

Discuss the following cases :

(1) A carelessly throws a piece of orange peel on the footpath. Shortly afterwards B slips on the orange peel and falls against and breaks the glass front of C's shop, and cuts his own face.

(2) A, a Sheriff's officer, jumps on B's steam launch just as it is leaving the wharf, and informs B that he has come to seize the launch in execution of a judgment recovered against B. B thereupon, without stopping the engine, jumps overboard and swims ashore, leaving A, who cannot swim, and who is entirely ignorant of the management of a steam launch, the sole occupant of the boat. A collision ensues, in which A suffers injury.

II. Discuss the following cases, stating the principles involved:(1) Three merchants, A, B, and C, have the monopoly of the

Island trade in Sydney. D starts a new business and

commences to compete with them. A, B, and C, desiring to keep the trade in their own hands, agree together to offer specially favourable terms to all customers who will agree to deal with them, to the exclusion of D and of all other competitors outside the combination. The result is that D is driven out of the Island trade and suffers heavy loss.

(2) A is riding a horse in a narrow street. B, the driver of a vehicle, by furious driving, compels A to choose between taking the chance of a collision with B's vehicle or riding on to the footpath. A chooses the latter alternative, and in so doing injures C, who is walking along the footpath (3) A, a passenger in a suburban train, sustains serious injury through the train running off the line. A sues the Railway Commissioners for negligence, and calls evidence to prove the fact of the derailment and the nature and extent of the injuries sustained by him; but does not produce any evidence to shew how the accident occurred.

(4) In January, 1895, A lends B a camera, and shortly afterwards requests B to return it. B refuses to do so, and in December of the same year B dies and C is appointed administrator of his estate. Three years later A brings an action against C for the conversion of the camera by B to his own use.

(5) A telephones to his partner B that he believes that C, a customer of the firm, is in financial difficulties, and advises B to allow C no further credit. Owing to the defective condition of the telephone circuits, D overhears the conversation, and presses for payment of a debt which Cowes him. Csues A for slander.

(6) A, a reporter on B's newspaper, sees C horsewhip D in a public place, and in the presence of a number of persons. A sends in a faithful account of the occurrence, which is published in B's newspaper. D sues A and B for libel.

III. Under what circumstances will an action for trespass lie by one tenant in common of land against his co-tenant? Discuss the following case:

A, the owner of a diamond ring, sells a half share therein to B, on the understanding that A is to retain possession