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Excerpt from The Revised Reports, Vol. 94: Being a Republication of Such Cases in the English Courts of Common Law and Equity, From the Year 1785, as Are Still of Practical Utility; 1852-1854; 4 House of Lords Cases; 1 Drewry; 22 Law Journal; 1 Weekly Reporter
Mamwell v. Hedges, p. 532, is one of the line of high authorities which ought to have exploded, much sooner than they finally did, the fallacy that there is a kind of repre sentation not amounting to a promise and yet capable of producing an engagement which, though not a contract,' will be enforced by equitable remedies. One or two Vice Chancellors, however, clung to this notion for quite twenty years more. The word engagement must have had a 0 certain fascination for the Equity Bar in the third quarter of the nineteenth century. For a while it became. A special term of art in the cases on married women's acts binding their separate property, and it was freely used instead of agreement or promise in the original draft of the Indian Contract Act prepared about forty years ago by the Indian Law Commission in England, which included at least one eminent equity lawyer.
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