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 Contents vii

6 Intention to create legal relations 116

6.1 Introduction 116
6.2 Balfour v Balfour116
6.3 Rebutting the presumption 117
6.4 Domestic and social agreements 118
6.5 Commercial agreements 120
Summary121
Exercises121

7 Third party rights 122

7.1 Introduction 122
7.2 Privity in operation 123
7.3 Privity and consideration 125
7.4 Criticisms of the doctrine of privity 127
7.5 The Contracts (Rights of Third Parties) Act 1999 127
7.6 The intention test 128
7.7 No consideration required 133
7.8 The remedies available to the third party 133
7.9 Variation and cancellation 134
7.10 The defences available to the promisor 135
7.11 Avoiding double liability 137
7.12 Exceptions to the new third party right of action 137
7.13 Preserving existing exceptions 137
7.14 Rights of the promisee 138
7.15 Collateral contracts 143
7.16 Agency 144
7.17 The trust concept 145
7.18 The role of the law of tort 146
7.19 Assignment 148
7.20 Negotiable instruments 149
7.21 Statutory exceptions 149
7.22 A further common law exception? 150
7.23 Interference with contractual rights 150
7.24 Conclusion 152
Hot topic 6 153
Summary153
Exercises154

Part II The content of a contract 155

8 What is a term? 157
8.1 What is a term? 157
8.2 Verification 158
8.3 Importance 158
8.4 Special knowledge 158
8.5 The consequences of the distinction between a term and a mere
representation159
8.6 Can a representation be incorporated into a contract as a term? 159
Summary160
Exercises161
viii Contents

9 The sources of contractual terms 162

9.1 Introduction 162
9.2 The parol evidence rule 162
9.3 Bound by your signature?  164
9.4 Incorporation of written terms 168
9.5 Incorporation by a course of dealing 170
9.6 Interpretation 171
9.7 Rectification 180
9.8 Implied terms 183
Hot topic 7 188
Summary189
Exercises190

10 The classification of contractual terms 191

10.1 The classification of terms 191
10.2 What is a ‘condition’?  191
10.3 Distinguishing between a condition and a warranty 192
10.4 The need for change? 195
10.5 Innominate terms 198
Hot topic 8 201
Summary201
Exercises202

11 Exclusion clauses 203

11.1 Exclusion clauses: defence or definition? 203
11.2 The functions of exclusion clauses 204
11.3 An outline of the law 205
11.4 Incorporation 205
11.5 Construction of exclusion clauses 206
11.6 Negligence liability 208
11.7 Fundamental breach 212
11.8 Other common law controls upon exclusion clauses 213
11.9 The Unfair Contract Terms Act 1977 213
11.10 Negligence liability 214
11.11 Liability for breach of contract 218
11.12 Attempts at evasion 222
11.13 The reasonableness test 223
11.14 Excepted contracts 227
11.15 Conclusion 228
Hot topic 9 229
Summary229
Exercises230

Part III Policing the contract  231

12 A duty to disclose material facts? 233
12.1 Introduction 233
12.2 Snatching at a bargain 234
12.3 Representation by conduct 234
 Contents ix

12.4 Representation falsified by later events 235

12.5 Statement literally true but misleading 236
12.6 Contracts uberrimae fidei236
12.7 Fiduciary relationships 236
12.8 A duty of disclosure in tort? 236
12.9 The role of the Sale of Goods Act 1979 and the
Consumer Rights Act 2015 237
12.10 Conclusion 237
Hot topic 10 243
Summary243
Exercises244

13 Misrepresentation 245
13.1 Introduction 245
13.2 What is a misrepresentation? 246
13.3 A statement of existing fact or law 246
13.4 Addressed to the party misled 248
13.5 Inducement 249
13.6 The types of misrepresentation 251
13.7 Remedies 257
13.8 Rescission 257
13.9 Damages 259
13.10 Excluding liability for misrepresentation 263
Hot topic 11 264
Summary265
Exercises265

14 Common mistake and frustration 266

14.1 Introduction 266
14.2 Common mistake 267
14.3 Mistake as to the existence of the subject-matter of the contract 269
14.4 Mistake as to identity of the subject-matter 271
14.5 Mistake as to the possibility of performing the contract 271
14.6 Mistake as to quality 272
14.7 Mistake in equity 274
14.8 Frustration 276
14.9 Frustration, force majeure and hardship 277
14.10 Frustration: a sterile doctrine? 280
14.11 Impossibility 280
14.12 Frustration of purpose 281
14.13 Illegality 282
14.14 Express provision 283
14.15 Foreseen and foreseeable events 284
14.16 Self-induced frustration 284
14.17 The effects of frustration 286
14.18 Conclusion 289
Hot topic 12 291
Summary291
Exercises292
x Contents

15 Illegality 293
15.1 Introduction 293
15.2 Some difficulties of classification 295
15.3 Illegality in performance 295
15.4 Statutory illegality 297
15.5 Gaming and wagering contracts 298
15.6 Illegality at common law 298
15.7 Contracts contrary to good morals 299
15.8 Contracts prejudicial to family life 299
15.9 Contracts to commit a crime 300
15.10 Contracts prejudicial to the administration of justice 301
15.11 Contracts prejudicial to public relations 301
15.12 Contracts in restraint of trade 301
15.13 Contracts of employment 303
15.14 Contracts for the sale of a business 303
15.15 Restrictive trading and analogous agreements 304
15.16 The scope of public policy 305
15.17 The effects of illegality 305
15.18 The recovery of money or property 306
15.19 Severance 308
Hot topic 13 309
Summary309
Exercises310

16 Capacity 311
16.1 Introduction 311
16.2 Minors 311
16.3 Mental incapacity and drunkenness 314
16.4 Companies 315
Summary316
Exercises316

17 Duress, undue influence and inequality of bargaining power 317

17.1 Introduction 317
17.2 Common law duress 317
17.3 Undue influence 323
17.4 Inequality of bargaining power 328
17.5 The role of Parliament 329
17.6 A general doctrine of unconscionability?  331
Hot topic 14 332
Summary333
Exercises333

18 Unfair terms in consumer contracts 334

18.1 The background to the Act 334
18.2 What is a consumer contract?  337
18.3 When is a contract term unfair?  338
18.4 Exclusion from assessment of fairness 341
18.5 Liabilities that cannot be excluded or restricted 347
18.6 The consequence of a finding that a term is unfair 347
 Contents xi

18.7 Enforcement 348

Hot topic 15 349
Summary350
Exercises351

Part IV Performance, discharge and remedies for breach

of contract 353
19 Performance and discharge of the contract 355
19.1 Performance 355
19.2 Discharge of the contract 355
19.3 Discharge by performance 356
19.4 Discharge by agreement 356
19.5 Discharge by operation of law 356
Summary357
Exercises357

20 Breach of contract 358

20.1 Introduction: breach defined 358
20.2 When does breach occur?  358
20.3 The consequences of breach 359
20.4 Damages 360
20.5 Enforcement by the party in breach 360
20.6 The right to terminate performance of the contract 360
20.7 The prospective nature of breach 361
20.8 The right of election 362
20.9 Anticipatory breach 365
Hot topic 16 368
Summary368
Exercises369

21 Damages for breach of contract 370

21.1 Introduction 370
21.2 Compensation and the different ‘interests’ 370
21.3 The expectation interest 372
21.4 The restitution interest 376
21.5 Failure of consideration and enrichment by subtraction 377
21.6 Enrichment by wrongdoing 379
21.7 Reliance interest 384
21.8 The date of assessment 386
21.9 The commitment to the protection of the expectation interest 387
21.10 Mitigation 387
21.11 Remoteness 388
21.12 Causation 394
21.13 Damages for pain and suffering and the ‘consumer surplus’ 395
21.14 Conclusion 398
Hot topic 17 399
Summary399
Exercises400
xii Contents

22 Obtaining an adequate remedy 401

22.1 Introduction 401
22.2 The entire obligations (or ‘entire contracts’) rule 401
22.3 The creation of conditions 403
22.4 A claim in debt 404
22.5 Liquidated damages 404
22.6 Evading the penalty clause rule 407
22.7 Deposits and part payments 410
22.8 Liquidated damages, penalty clauses and forfeitures: an assessment 413
22.9 Specific performance 415
22.10 Injunctions 419
22.11 Damages in lieu of specific performance 420
22.12 Conclusion 420
Hot topic 18 421
Summary421
Exercises422
Bibliography 424
Index 431
 Preface

My aim in writing the twelfth edition of this book has not changed from the stated
aim of previous editions: namely, to provide a clear and straightforward account of
the basic rules of English contract law. I have also sought to introduce the reader to
some of the debates about the nature, the scope and the functions of the law of con-
tract and to discuss some of the wider controversies which surround certain basic
doctrines of English contract law, such as consideration. In discussing these issues
I have attempted to build a bridge between this introductory work and some of the
more advanced and detailed writings on the law of contract by making frequent
reference throughout the book to both the periodical literature and the standard
textbooks on the law of contract (full citations are contained in the Bibliography
located at the end of the book). My hope is that these references will encourage the
reader to pursue the issues raised in this book in greater detail in the writings to
which I have made reference.
The text has been fully revised and updated to take account of the various devel-
opments in the law which have taken place since the publication of the previous
edition. The Supreme Court has been particularly busy over the last two years and
leading decisions discussed in this edition include Arnold v Britton (interpretation
of contracts), Marks and Spencer plc v BNP Paribas Securities Services Trust Co (Jersey)
Ltd (implied terms), Zurich Insurance Co plc v Hayward (misrepresentation), Patel
v Murza (illegal contracts) ParkingEye Ltd v Beavis (unfair terms in consumer con-
tracts) and Cavendish Square Holding BV v Talal El Makdessi (penalty clauses).
Finally, I must acknowledge the debts which I have incurred in writing this edi-
tion. I must acknowledge the assistance which I have derived from colleagues and
students who have helped to clarify my thoughts and offered a number of con-
structive criticisms and suggestions. But my greatest debt continues to be to my
wife, Rose, and our children, Jenny, Sarah, Rachel and Katie, who are now joined by
AJ, Richard and Sam, and grandchildren Emma, Alfie and Daniel. I am grateful to
them for their encouragement and support.
The book is dedicated to the memory of my grandparents.
I have endeavoured to state the law on the basis of the materials available to me
on 22 December 2016.
Ewan McKendrick
University Offices,
Oxford,
22 December 2016

xiii
 Table of cases

A to Z Bazaars (Pty) Ltd v Minister of Alfred McAlpine Construction Ltd v

Agriculture 1974 (4) SA 392, 41 Panatown Ltd [2001] 1 AC 518, 139–42,
A v Bottrill [2002] UKPC 44; [2003] 1 AC 449, 372, 373
238 Allcard v Skinner (1887) 36 Ch D 145, 324,
AB v CD [2014] EWCA Civ 229; [2014] BLR 326–7
313, 419 Allen v Pink (1838) 4 M & W 140, 163
AB Corp v CD Co (The ‘Sine Nomine’) Alliance Bank v Broom (1864) 2 Dr & Sm
[2002] 1 Lloyd’s Rep 805, 380, 381 289, 97
Actionstrength Ltd v International Glass Amalgamated Investment and Property Co
Engineering In. Gl.EN.SpA [2002] BLR Ltd v John Walker & Sons Ltd [1977] 1
44, [2003] UKHL 17; [2003] 2 AC 541, WLR 164, 266, 282, 290
68, 72 Amalgamated Investment and Property
Adam Opel GmbH v Mitras Automotive UK Co Ltd v Texas Commerce International
Ltd [2007] EWHC 3252 (QB); [2007] All Bank Ltd [1982] QB 84, 105
ER (D) 272 (Dec), 86 Amazonia, The [1990] 1 Lloyd’s Rep 236, 21,
Adams v Lindsell (1818) 1 B & Ald 681, 340 39
Addis v Gramophone Co Ltd [1909] AC 488, Amiri Flight Authority v BAE Systems plc
370, 395 [2003] EWCA Civ 1447; [2004] 1 All ER
AEG (UK) Ltd v Logic Resource Ltd [1996] (Comm) 385, 227
CLC 265, 170 Ampurius Nu Homes Holdings Ltd v
African Export-Import Bank v Shebah Telford Homes (Creekside) Ltd [2013]
Exploration & Production Co Ltd [2016] EWCA Civ 577; [2013] 4 All ER 377, 198–9
EWHC 311 (Comm), 219, 220 Anangel Atlas Compania Naviera SA v
A-G v Blake [1998] Ch 439, 400 Ishikawajima-Harima Heavy Industries
A-G v Blake [2001] 1 AC 268, 379–84 Co Ltd (No 2) [1990] 2 Lloyd’s Rep
A-G of Belize v Belize Telecom Ltd [2009] 526, 86
UKPC 10; [2009] 2 All ER 1127, 185, 187, Anderson v Daniel [1924] 1 KB 138, 296
188 Andrews v Hopkinson [1957] 1 QB 229, 143
Ailsa Craig Fishing Co Ltd v Malvern Andrews v Australia and New Zealand
Fishing Co Ltd [1983] 1 WLR 964, 207 Banking Group Ltd [2012] HCA 12; [2013]
Air Transworld Ltd v Bombardier Inc [2012] BLR 111, 409
EWHC 243 (Comm); [2012] 1 Lloyd’s Rep Andrews Bros (Bournemouth) Ltd v Singer
349, 206, 225, 227 and Co Ltd [1934] 1 KB 17, 206
Alan (WJ) & Co Ltd v El Nasr Export and Angelic Star, The [1988] 1 Lloyd’s Rep 122, 408
Import Co [1972] 2 QB 189, 101 Angell v Duke (1875) 32 LT 320, 163
Albazero, The [1977] AC 774, 140, 140 Anglia Television Ltd v Reed [1972] 1 QB
Albert v Motor Insurers’ Bureau [1972] AC 60, 385
301, 119 Angus v Clifford [1891] 2 Ch 449, 251
Alder v Moore [1961] 2 QB 57, 408 Annulment Funding Co Ltd v Cowey [2010]
Alev, The [1989] 1 Lloyd’s Rep 138, 85 EWCA Civ 711; [2010] All ER (D) 205
Alexander v Rayson [1936] 1 KB 169, 300 (Jun), 327
Alf Vaughan & Co Ltd v Royscot Trust plc Antons Trawling Co Ltd v Smith [2003] 2
[1999] 1 All ER (Comm) 856, 321 NZLR 23, 88, 113

xiv
 Table of cases xv

Appleby v Myers (1867) LR 2 CP 651, 288, 289 Bainbridge v Firmstone (1838) 8 A & E 743, 76
Apvodedo NC v Collins [2008] EWHC 775 (Ch); Balfour v Balfour [1919] 2 KB 571, 116–8
[2008] All ER (D) 246 (Apr), 274 Balfour Beatty v Scottish Power plc 1994 SLT
Araci v Fallon [2011] EWCA Civ 668; [2011] All 807, 389
ER (D) 37 (Jun), 419 Banco de Portugal v Waterlow & Sons Ltd
Archbolds (Freightage) Ltd v S Spanglett Ltd [1932] AC 452, 387
[1961] 2 QB 374, 296, 297, 310 Bank Line Ltd v Arthur Capel & Co Ltd [1919]
Archer v Brown [1985] QB 401, 260 AC 435, 281
Arcos Ltd v E A Ronaasen & Son [1933] AC Bank of Credit and Commerce International SA
470, 193, 195, 196, 197, 200, 238, 242, v Aboody [1990] 1 QB 923, 325
331, 363 Bank of Credit and Commerce International SA
Arnold v Britton [2015] UKSC 36; [2015] AC v Ali [2001] UKHL 8; [2002] 1 AC 251, 172,
1619, xiii, 178 173, 177, 178, 208, 211–2
Arrale v Costain Civil Engineering Ltd [1976] 1 Banque Keyser Ullmann SA v Skandia (UK)
Lloyd’s Rep 98, 78 Insurance Co Ltd [1990] 1 QB 665, 237
Ashbury Railway Carriage and Iron Co v Riche Barbudev v Eurocom Cable Management
(1875) LR 7 HL 653, 315, 316 Bulgaria EOOD [2012] EWCA 548; [2012] 2
Ashmore, Benson, Pease & Co Ltd v AV All ER (Comm) 963, 49
Dawson Ltd [1973] 1 WLR 828, 96–7 Barclays Bank Ltd v W J Simms Ltd [1980] 1 QB
Ashworth v Royal National Theatre [2014] 677, 377
EWHC 1176 (QB); [2014] 4 All ER 238, 416 Barclays Bank plc v Fairclough Building Ltd
Associated British Ports v Ferryways NV [2009] [1995] QB 214, 395
EWCA Civ 189; [2009] 1 Lloyd’s Rep 595, 69 Barry v Davies (Trading as Heathcote Ball &
Associated Japanese Bank (International) Ltd v Co) [2000] 1 WLR 1962, 32
Crédit du Nord [1989] 1 WLR 255, 268, 275 Barton v Armstrong [1976] AC 104, 318, 319
Astley v Reynolds (1731) 2 Str 915, 318 Behn v Burness (1863) 3 B & S 751, 196
Astrazeneca UK Ltd v Albemarle International Behzadi v Shaftesbury Hotels Ltd [1992] Ch 1,
Corp [2011] EWHC 1574 (Comm); [2011] 2 195
CLC 252, 213 Bell v Lever Bros Ltd [1932] AC 161, 267, 269,
Attrill v Dresdner Kleinwort Ltd [2011] EWCA 272, 273–6
Civ 229; [2011] IRLR 613, 83 Belvoir Finance v Stapleton [1971] 1 QB 210, 307
Attrill v Dresdner Kleinwort Ltd [2013] EWCA Bentley (Dick) Productions Ltd v Harold Smith
Civ 394; [2013] 3 All ER 607, 83, 118 (Motors) Ltd [1965] 1 WLR 623, 159
Atwood v Small (1838) 6 CL & F 232, 250 Beresford v Royal Exchange Assurance [1938]
Avery v Bowden (1856) 6 E & B 953, 368 AC 586, 300
Avon CC v Howlett [1983] 1 WLR 603, 98–100 Beswick v Beswick [1966] Ch 538, 122
Avon Finance Co v Bridger [1985] 2 All ER 281, Beswick v Beswick [1968] AC 58, 122, 123, 126,
167 128, 130, 142, 154, 415, 416
Avon Insurance plc v Swire Fraser Ltd [2000] 1 Bettini v Gye (1876) 1 QBD 183, 196
All ER (Comm) 573, 256 BHP Petroleum Ltd v British Steel plc [2000] 2
Avraamides v Colwill [2006] EWCA Civ 1533; Lloyd’s Rep 277, 207
[2007] BLR 76, 133 BICC plc v Burndy Corp [1985] Ch 232, 413
Avrora Fine Arts Investment Ltd v Christie, Bigos v Bousted [1951] 1 All ER 92, 300
Manson & Woods [2012] EWHC 2198 (Ch); Bisset v Wilkinson [1927] AC 177, 247
[2012] PNLR 35, 216 Blackpool and Fylde Aero Club Ltd v Blackpool
AXA Sun Life Services plc v Campbell Martin BC [1990] 1 WLR 1195, 33
Ltd [2011] EWCA Civ 133; [2011] 2 Lloyd’s Bolton v Madden (1873) LR 9 QB 55, 94
Rep 1, 220, 263 Bolton v Mahadeva [1972] 1 WLR 1009, 403
Aziz v Caixa d’Estalvis de Catalunya, Boomer v Muir 24 P 2d 570 (1933), 379
Tarragona i Manresa (Catalunyacaixa) Boone v Eyre (1777) 1 H Bl 273, 196
(C-415-11); [2013] 3 CMLR 5, 339, 340–1 Borrelli v Ting [2010] UKPC 21, 321, 323
 xvi Table of cases

Boustany v Piggott (1995) 69 P & CR 298, 329 Candler v Crane, Christmas and Co [1951] 2 KB
Bowerman v Association of British Travel 164, 251
Agents Ltd [1996] CLC 451, 31 Caparo Industries plc v Dickman [1990] 2 AC
Bowmakers Ltd v Barnet Instruments Ltd 605, 252, 253
[1945] KB 65, 307 Car and Universal Finance Co v Caldwell [1965]
BP v Hunt [1979] 1 WLR 783, 288, 289 1 QB 525, 258
BP v Hunt [1982] 1 All ER 925, 289 Carlill v Carbolic Smoke Ball Co [1893] 1 QB
BP Refinery (Westernport) Pty Ltd v Shire of 256, 31, 35–6, 39, 42, 46, 247
Hastings (1978) ALJR 20, 185, 186 Cavanagh v Secretary of State for Work and
Brennan v Bolt Burden (a firm) [2004] EWCA Pensions [2016] EWHC 1136 (QB); [2016]
Civ 1017; [2005] QB 303, 247, 272, 274 ICR 826, 130, 153
Bret v JS (1600) Cro Eliz 756, 76, 80 Cavendish Square Holdings BV v Makdessi
Bridge v Campbell Discount Co Ltd [1962] AC [2013] EWCA Civ 1539; [2014] BLR 246, xiii,
600, 408 404, 405, 407, 409, 413–4, 421
Brimnes, The [1975] QB 929, 44 CCC Films (London) Ltd v Impact Quadrant
Brinkibon Ltd v Stahag Stahl [1983] 2 AC 34, 36 Films Ltd [1985] QB 16, 385
Bristow v Eastman (1794) 1 Esp 172, 312 Cellulose Acetate Silk Co v Widnes Foundry
British Car Auctions Ltd v Wright [1972] 1 WLR (1925) Ltd [1933] AC 20, 407
1519, 31 Central London Property Trust Ltd v High
British Crane Hire Corp Ltd v Ipswich Plant Trees House Ltd [1947] KB 130, 102, 103, 115
Hire Ltd [1975] QB 303, 170 Centrovincial Estates plc v Merchant Investors
British Fermentation Products Ltd v Compair Assurance Co Ltd [1983] Com LR 158, 17–19, 26
Reavell Ltd [1999] BLR 352, 178, 219 CF Asset Finance Ltd v Okonji [2014] EWCA
British Steel Corp v Cleveland Bridge and Civ 870, 166–7
Engineering Co Ltd [1984] 1 All ER 504, 48, Chandler v Webster [1904] 1 KB 493, 287, 290
54–5 Channel Island Ferries Ltd v Sealink UK Ltd
British Westinghouse Co v Underground [1988] 1 Lloyd’s Rep 323, 278
Electric Ry Co [1912] AC 673, 387 Chapleton v Barry UDC [1940] 1 KB 532, 31, 168
Britvic Soft Drinks Ltd v Messer UK Ltd [2002] Chaplin v Hicks [1911] 2 KB 786, 386
1 Lloyd’s Rep 20, 225 Chaplin v Leslie Frewin (Publishers) Ltd [1966]
Brocklehurst, Re [1978] Ch 14, 327 Ch 71, 312
Brown v KMR Services Ltd [1995] 4 All ER 598, 390 Chappell & Co v Nestlé [1960] AC 87, 75–76
Bryen & Langley Ltd v Boston [2005] EWCA Charnock v Liverpool Corp [1968] 1 WLR 1498,
Civ 973; [2005] BLR 508, 340 143–4
BS & N Ltd (BVI) v Micado Shipping Ltd (Malta) Chartbrook Ltd v Persimmon Homes Ltd
(The ‘Seaflower’) [2001] 1 Lloyd’s Rep 341, 200 [2009] UKHL 38; [2009] 1 AC 1101, 174, 175,
Bunge Corp v Tradax Export SA [1981] 1 WLR 176–7, 177, 182
711, 192, 200 Chaudhry v Prabhakar [1989] 1 WLR 29, 253
Bunge SA v Kyla Shipping Co Ltd [2013] EWCA Cheltenham BC v Laird [2009] EWHC 1253
734; [2013] 3 All ER 1006, 278 (QB); [2009] IRLR 621, 256
Bunge SA v Nidera BV [2015] UKSC 43. [2015] 3 Cherry Tree Investments Ltd v Landmain Ltd
All ER 1082, 387 [2012] EWCA Civ 736; [2013] Ch 305, 174,
Butler v Ex-Cell-O Corp (England) Ltd [1979] 1 176, 181
WLR 401, 22, 23, 24–5, 26, 27, 36, 45, 47 Chester Grosvenor Hotel Co Ltd v Alfred
Byrne v Van Tienhoven (1880) 5 CPD 344, 40, 43 McAlpine Management Ltd (1991) 56 Build
LR 115, 218–9
C and P Haulage Co Ltd v Middleton [1983] 3 CIBC Mortgages plc v Pitt [1994] 1 AC 200, 325
All ER 94, 385 Cie Française d’Importation et de
Campbell Discount Co v Gall [1961] 1 QB 431, 163 Distribution SA v Deutsche Continental
Canada Steamship Lines Ltd v The King [1952] Handelsgesellschaft [1985] 2 Lloyd’s Rep
AC 192, 189–92, 208, 209, 210, 212, 217–8, 229 592, 39
 Table of cases xvii

Citibank NA v Brown Shipley & Co Ltd [1991] 2 Cook v Wright (1861) 1 B & S 559, 76, 78, 79, 92
All ER 690, 62 Cooper v Phibbs (1867) LR 2 HL 149, 271
City and Westminster Properties (1934) Ltd v Co-operative Insurance Society Ltd v Argyll
Mudd [1959] Ch 129, 163 Stores (Holdings) Ltd [1998] AC 1, 416, 417
City of New Orleans v Fireman’s Charitable Cotman v Brougham [1918] AC 514, 315
Association 9 So 486 (1891), 400 Couchman v Hill [1947] KB 554, 158, 192,
Classic Maritime Inc v Lion Diversified Holdings 158, 213
Berhad [2009] EWHC 1142 (Comm); [2010] 1 Couldery v Bartrum (1881) 19 Ch D 394, 104
Lloyd’s Rep 59, 93 Coulls v Bagot’s Executor (1967) 119 CLR 460, 138
Clea Shipping Corp v Bulk Oil International Ltd Countess of Dunmore v Alexander (1830) 9 S
(The Alaskan Trader) [1984] 1 All ER 129, 190, 41
366–367, 369 County NatWest v Barton [2002] 4 All ER 494, 249
Cleaver v Schyde Investments Ltd [2011] EWCA Courtney and Fairbairn Ltd v Tolaini Brothers
Civ 929; [2011] 2 P & CR 21, 224 (Hotels) Ltd [1975] 1 WLR 297, 51
Clements v L & NW Rly [1894] 2 QB 482, 312 Couturier v Hastie (1856) 5 HLC 673, 269–70, 292
Club Travel 2000 Holdings Ltd v Murfin [2008] Coward v Motor Insurers’ Bureau [1963] 2 QB
All ER (D) 56 (Nov), 160 259, 119
Cobbe v Yeoman’s Row Management Ltd [2008] Crane v Hegeman-Harris [1970] 2 QB 86, 183
UKHL 55; [2008] 1 WLR 1752, 71, 107–8 Credit Lyonnais Bank Nederland NV v Burch
Collier v Collier [2002] EWCA Civ 1095; [2002] [1997] 1 All ER 144, 329
BPIR 1057, 307 Cresswell v Potter [1978] 1 WLR 255, 290, 315, 328
Collier v P & M J Wright (Holdings) Ltd [2007] Cricklewood Property Investment Trust Ltd v
EWCA Civ 1329; [2008] 1 WLR 643, 89, 91, 103 Leighton’s Investment Trust Ltd [1945] AC
Collins v Godefroy (1831) 1 B & Ad 950, 79 221, 283
Combe v Combe [1951] 2 KB 215, 97–9, 103, 110, Crossley v Faithful & Gould Holdings
115 Ltd [2004] EWCA Civ 293; [2004] IRLR
Commercial Banking Co of Sydney v RH Brown 377, 187
and Co [1972] 2 Lloyd’s Rep 360, 249 Crown House Engineering Ltd v Amec Projects
Commercial Management (Investments) Ltd v Ltd (1990) 47 Build LR 32, 55
Mitchell Design and Construct Ltd [2016] CTI Group Inc v Transclear SA [2008] EWCA
EWHC 76 (TCC); 164 Con LR 139, 219 Civ 856; [2008] 2 Lloyd’s Rep 526, 278
Commission for the New Towns v Cooper CTN Cash and Carry Ltd v Gallaher Ltd [1994]
(Great Britain) Ltd [1995] Ch 259, 182 4 All ER 714, 320, 322
Commissioner of Public Works v Hills [1906] Cundy v Lindsay (1878) 3 App Cas 459, 60
AC 368, 412–2 Currie v Misa (1875) LR 10 Ex 153, 73
Commonwealth of Australia v Amann Aviation Curtis v Chemical Cleaning and Dyeing Co Ltd
Pty Ltd (1991) 174 CLR 64, 370, 384 [1951] 1 KB 805, 213
Commonwealth of Australia v Verwayen (1990) Curtis v Curtis [2011] EWCA Civ 1602; [2012]
170 CLR 394, 109, 110 All ER (D) 46 (Jan), 326
Compagnie Française des Chemin de Fer Paris– Cutter v Powell (1795) 6 TR 320, 402
Orleans v Leeston Shipping Co (1919) 1 Ll
LR 235, 160 D & C Builders v Rees [1966] 2 QB 617, 95, 308
Compagnie Noga D’Importation et D’Exportation D & F Estates Ltd v Church Comrs for England
SA v Abacha (No 2) [2003] EWCA Civ 1100; and Wales [1989] AC 177, 140, 333
[2003] 2 All ER (Comm) 915, 87 Dadourian Group International Inc v Simms
Compass Group UK and Ireland Ltd v Mid [2009] EWCA Civ 169; [2009] 1 Lloyd’s Rep
Essex Hospital Services NHS Trust [2013] 601, 249
EWCA Civ 200; [2013] BLR 265, 240 Darlington BC v Wiltshier Northern Ltd [1995]
Constantine (Joseph) Steamship Line Ltd v 1 WLR 68, 122, 131–2, 138, 140–2
Imperial Smelting Corp Ltd [1942] AC 154, Darlington Futures Ltd v Delco Australia Pty
283, 285 Ltd (1987) 61 ALJR 76, 207–8, 208, 210
xviii Table of cases

Daulia Ltd v Four Millbank Nominees Ltd Dunlop Pneumatic Tyre Co Ltd v New Garage
[1978] Ch 231, 42 & Motor Co Ltd [1915] AC 79, 405
Davenport v R (1877) 3 App Cas 115, 363 Dunlop Pneumatic Tyre Co Ltd v Selfridge
Daventry District Council v Daventry & District [1915] AC 847, 122, 126
Housing Ltd [2011] EWCA 1153; [2012] 1 Dutton v Poole (1677) 2 Lev 211, 122
WLR 1333, 182
Davis Contractors Ltd v Fareham UDC [1956] Earl of Aylesford v Morris (1873) LR 8 Ch App
AC 696, 277, 279 484, 328
Davies v AIB Group (UK) plc [2012] EWHC Earl of Chesterfield v Janssen (1751) 2 Ves Sen
2178 (Ch); [2012] 2 P & CR 19, 324 125, 328
Day Morris Associates v Voyce [2003] EWCA Eastwood v Kenyon (1840) 11 A & E 438, 93, 115
Civ 189; [2003] All ER (D) 368 (Feb), 36 Ecay v Godfrey (1947) 80 Ll LR 286, 158
De Francesco v Barnum (1890) 45 Ch D Edgington v Fitzmaurice (1885) 29 Ch D 459,
430, 312 248, 250
De Lassalle v Guildford [1901] 2 KB 215, 261 Edgeworth Capital (Luxembourg) Sarl v
De Wutz v Hendricks (1824) 2 Bing 314, 301 Ramblas Investments BV [2015] EWHC 150
Decro-Wall International SA v Practitioners in (Comm); [2016] 1 All ER (Comm) 368, 179
Marketing Ltd [1971] 1 WLR 361, 359 Edmund Murray Ltd v BSP International
Demarara Bauxite Co Ltd v Hubbard [1923] AC Foundations Ltd (1993) 33 Con LR 1, 213
673, 329 Edwards v Skyways [1964] 1 WLR 349, 118
Denny, Mott & Dickinson v James B Fraser & Edwinton Commercial Corp, Global Tradeways
Co Ltd [1944] AC 265, 282–3 Limited v Tsavliris Russ (Worldwide Salvage
Derry v Peek (1889) 14 App Cas 337, 251 & Towage) Ltd (The ‘Sea Angel’) [2007] EWCA
Deutsche Genossenschaftsbank v Burnhope Civ 547; [2007] 2 Lloyd’s Rep 517, 278, 284
[1995] 1 WLR 1580, 172, 177 EE Caledonia Ltd v Orbit Valve Co Europe
Devenish Nutrition Ltd v Sanofi-Aventis SA [1993] 4 All ER 165; [1994] 1 WLR 1515, 210
[2008] EWCA Civ 1086; [2009] Ch 390, 370, Elliott v Richardson (1870) LR 5 CP 744, 301
382 Ellis Tylin Ltd v Co-op Retail Services Ltd
Diamond v British Columbia Thoroughbred [1999] BLR 205, 178
Breeders’ Society (1966) 52 DLR (2d) 146, 271 Elphinstone v Monkland Iron and Coal Co
Dickinson v Dodds (1876) 2 Ch D 463, 43 (1886) 11 App Cas 332, 405
Dies v British and International Mining and Emirates Trading Agency LLC v Prime Mineral
Finance Co [1939] 1 KB 715, 410, 413 Exports Private Ltd [2014] EWHC 2104
Diestal v Stevenson [1906] 2 KB 345, 404 (Comm); [2014] 2 Lloyd’s Rep 457, 240
Diggle v Higgs (1877) 2 Ex D 442, 298 Enderby Town Football Club Ltd v The Football
Dimmock v Hallett (1866) LR 2 Ch App 21, 247 Association Ltd [1971] Ch 591, 299
Director General of Fair Trading v First Entores v Miles Far East Corp [1955] 2 QB 327,
National Bank plc [2000] 1 WLR 98; [2001] 36, 39, 42
UKHL 52; [2002] 1 AC 481, 338, 339, 343–5 Erlanger v New Sombrero Phosphate Co (1878)
Dolphin Maritime & Aviation Services Ltd v 3 App Cas 1218, 258
Sveriges Angfartygs Assurans Forening Errington v Errington [1952] 1 KB 290, 43
[2009] EWHC 716 (Comm); [2009] 2 Lloyd’s Ertel Bieber and Co v Rio Tinto Co Ltd [1918]
Rep 123, 129 AC 260, 283
Dorset CC v Southern Felt Roofing Co Ltd Esso v Niad, Unreported, Chancery Division, 22
(1989) 48 Build LR 96, 209 November 2001, 380, 381, 382
Doyle v Olby [1969] 2 QB 158, 260 Esso Petroleum Co Ltd v Harper’s Garage
DSDN Subsea Ltd v Petroleum Geo-Services (Stourport) Ltd [1968] AC 269, 302, 304
ASA [2000] BLR 530, 319–10 Esso Petroleum Ltd v Comrs of Customs and
Duke of Westminster v Guild [1985] QB 688, 186 Excise [1976] 1 WLR 1, 120
Dunhill v Burgin (Nos 1 and 2) [2014] UKSC 18; Esso Petroleum Ltd v Mardon [1976] QB 801,
[2014] 1 WLR 933, 314 247, 253
 Table of cases xix

Eugenia, The [1964] 2 QB 226, 284 Forsikringsaktieselskapet Vesta v Butcher [1989]

Europa Plus SCA SIF v Anthracite Investments AC 852, 395
(Ireland) plc [2016] EWHC 437 (Comm), 188 Forster v Silvermere Golf and Equestrian Centre
Eurymedon, The [1975] AC 154, 25, 91, 124–5, Ltd (1981) 125 SJ 397, 139
127, 128, 133, 150, 154 Forster and Sons v Suggett (1918) 35 TLR 87, 303
Evans (J) & Son (Portsmouth) Ltd v Andrea Foster v MacKinnon (1869) LR 4 CP 704, 157
Merzario Ltd [1976] 1 WLR 1078, 120 Franco v Bolton (1797) 3 Ves 368, 299
Evans Marshall and Co Ltd v Bertola SA [1973] Fraser River Pile & Dredge Ltd v Can-Dive
1 WLR 349, 416 Services Ltd [2000] 1 Lloyd’s Rep 199, 150
Evia Luck, The [1992] 2 AC 152, 318, 319 Fuji Seal Europe Ltd v Catalytic Combustion
Experience Hendrix LLC v PPX Enterprises Corp [2005] EWHC 1659 (TCC), 143
Inc [2003] EWCA Civ 323; [2003] 1 All ER Fujitsu Services Ltd v IBM United Kingdom Ltd
(Comm) 830, 381, 382, 353 [2014] EWHC 752 (TCC), 242
Export Credits Guarantee Department v Fulton Shipping Inc of Panama v Globalia
Universal Oil Products Co [1983] 1 WLR 399, Business Travel SAU [2015] EWCA Civ 1299;
408 [2016] 1 WLR 2450

Fairclough Building Ltd v Port Talbot BC (1993) Galloway v Galloway (1914) 30 TLR 531, 269
62 Build LR 82, 34 Gamerco SA v ICM/Fair Warning (Agency) Ltd
Farley v Skinner [2001] UKHL 49; [2002] 2 AC [1995] 1 WLR 1226, 287–8
732, 396 Gay Choon Ing v Loh Sze Ti Terence Peter
Felthouse v Bindley (1862) 11 CB (NS) 869, 38, 37 [2009] SGCA 3; [2009] 2 SLR 332, 112
Fernandes (J Pereira) SA v Mehta [2006] EWHC Geden Operations Ltd v Dry Bulk Handy Holdings
813 (Ch); [2006] 1 WLR 1543, 69 Inc (M/V ‘Bulk Uruguay’) [2014] EWHC 885
FG Wilson (Engineering) Ltd v John Holt & (Comm), [2014] 2 Lloyd’s Rep 66, 358
Co (Engineering) Ltd [2012] EWHC 2477 George Wimpey UK Ltd v VI Components Ltd
(Comm); [2012] BLR 468, 224 [2005] EWCA Civ 77; [2005] BLR 135, 182
Fibrosa Spolka Akcyjna v Fairbairn Lawson Geys v Société Générale, London Branch [2012]
Combe Barbour Ltd [1943] AC 32, 282, 287 UKSC 62; [2013] 1 AC 513, 359
Financings Ltd v Baldock [1963] 2 QB 104, 410 GHSP Inc v AB Electronic Ltd [2010] EWHC
Finlay (James) & Co Ltd v Kwik Hoo Tong 1828 (Comm); [2011] 1 Lloyd’s Rep 432, 24
[1929] 1 KB 400, 387 Gibbons v Proctor (1891) 64 LT 594, 37
Fiona, The [1994] 2 Lloyd’s Rep 506, 210 Gibson v Dickie (1815) 3 M & S 463, 299
First Energy (UK) Ltd v Hungarian Gibson v Manchester City Council [1978] 1
International Bank Ltd [1993] 2 Lloyd’s Rep WLR 520, 24, 28
194, 241–2 Gibson v Manchester City Council [1979] 1
Firstpost Homes Ltd v Johnson [1995] 1 WLR WLR 294, 25, 49
1567, 70, 70 Gill (Stewart) Ltd v Horatio Myer & Co Ltd
Fisher v Bell [1961] 1 QB 394, 30 [1992] QB 600, 223, 224, 225
Fitch v Dewes [1921] 2 AC 158, 303 Gillatt v Sky Television Ltd [2000] 1 All ER
Flamar Pride, The [1990] 1 Lloyd’s Rep 434, 219, (Comm) 461, 53
225 Gillespie Bros & Co v Cheney, Eggar & Co
Fletcher v Tayleur (1855) 17 CB 21, 389 [1896] 2 QB 59, 163
Fletcher Challenge Energy Ltd v Electricity Gillespie Bros v Roy Bowles Ltd [1973] 1 QB
Corp of NZ Ltd [2002] 2 NZLR 433, 52 400, 205
Foakes v Beer (1884) 9 App Cas 605, 76, 89–91, Giumelli v Giumelli (1999) 96 CLR 101, 109, 110
92, 96, 103, 104, 113, 114, 115 Glasbrook Ltd v Glamorgan CC [1925] AC 270, 80
Foley v Classique Coaches [1934] 2 KB 1, 52 Globe Motors Inc v TRW Lucas Varity Electrical
Ford Motor Co Ltd v AEF [1969] 1 WLR 339, 120 Steering Ltd [2016] EWCA Civ 396, 242
Forde v Birmingham City Council [2009] Gold Group Properties v BDW Trading Ltd
EWHC 12 (QB); [2009] 1 WLR 2732, 91 [2010] EWHC 323 (TCC); [2010] BLR 235, 278
 xx Table of cases

Gold Group Properties Ltd v BDW Trading Ltd Hannah Blumenthal, The [1983] 1 AC 834, 18, 19, 38
[2010] EWHC 1632 (TCC); [2010] All ER (D) Hansa Nord, The [1976] QB 44, 196, 200
18 (Jul) 220, 240 Hanson v Royden (1867) LR 3 CP 47, 82
Golden Ocean Group Ltd v Salgaocar Mining Harbutt’s Plasticine Ltd v Wayne Tank Pump
Industries PVT Ltd [2012] EWCA Civ 265; Co Ltd [1970] 1 QB 477, 212
[2012] 1 WLR 3674, 69 Hardwick v Johnson [1978] 1 WLR 683, 118
Golden Strait Corp v Nippon Yusen Kubishika Harris v Nickerson (1873) LR 8 QB 286, 32
Kaisha [2007] UKHL 12; [2007] 2 AC 353, 386–7 Harris v Watson (1791) Peake 102, 85
Gordon v Selico (1985) 275 EG 899, 235 Harrison and Jones v Burton and Lancaster
Gordon v Selico (1986) 11 HLR 219, 235, 244 [1953] 1 QB 646, 72
Gore v Gibson (1843) 13 M & W 623, 315 Hart v O’Connor [1985] AC 1000, 314
Gore v Van Der Lann [1967] 2 QB 31, 143 Hartley v Ponsonby (1857) 7 E & B 872, 82
Gosling v Anderson [1972] EGD 709, 254, 260 Hartog v Colin and Shields [1939] 3 All ER 566,
Goss v Chilcott [1996] AC 788, 378 19–20, 56, 234
Granatino v Radmacher [2010] UKSC 42; [2011] Harvela Investments Ltd v Royal Trust Co of
1 AC 534, 118, 300 Canada [1986] AC 207, 33
Grand China Logistics Holding (Group) Co Ltd Hedley Byrne v Heller [1964] AC 465, 147,
v Spar Shipping AS [2016] EWCA Civ 982, 251–4, 265
[2016] 2 Lloyd’s Rep 447, 200, 201 Heilbut Symons & Co v Buckleton [1913] AC
Gran Gelato Ltd v Richcliff (Group) Ltd [1992] 30, 158, 261
Ch 560, 256, 260, 261 Henderson v Arthur [1907] 1 KB 10, 163
Grange v Quinn [2013] EWCA Civ 24; [2013] 1 P Henderson v Merrett Syndicates Ltd [1995] 2
& CR 279, 385 AC 145, 252, 395
Granville Oil & Chemicals v Davis Turner [2003] Henderson v Stevenson (1875) LR 2 Sc & Div
EWCA Civ 570; [2003] 2 Lloyd’s Rep 356, 225 470, 168, 394
Great Eastern Shipping Co Ltd v Far East Henrik Sif, The [1982] 1 Lloyd’s Rep 456, 99
Chartering Ltd (The Jag Ravi) [2012] EWCA Henry v Henry [2010] UKPC 3; [2010] 1 All ER
Civ 180; [2012] 1 Lloyd’s Rep 637, 131 988, 106
Great Peace Shipping Ltd v Tsavliris Salvage Henthorn v Fraser [1892] 2 Ch 27, 340–2
(International) Ltd [2002] EWCA Civ 1407; Herbert v Doyle [2010] EWCA Civ 1095; [2011]
[2003] QB 679, 270–1, 273, 275, 290, 292 1 EGLR 119, 72
Greenclose Ltd v National Westminster Bank Heritage Oil and Gas Ltd v Tullow Uganda Ltd
plc [2014] EWHC 1156 (Ch), 42, 242 [2014] EWCA Civ 1048; [2014] 2 CLC 61, 194,
Greenwich Millennium Village Ltd v Essex 196, 200, 403
Services Group plc [2014] EWCA Civ 960; Hermann v Charlesworth [1905] 2 KB 123, 299
[2014] 1 WLR 3517, 211 Herne Bay Steam Boat Co v Hutton [1903] 2 KB
Griffith v Brymer (1903) 19 TLR 434, 272, 290 683, 281–2
Grist v Bailey [1967] Ch 532, 275 Heyman v Darwins Ltd [1942] AC 356, 361
Grogan v Robin Meredith Plant Hire [1996] Heywood v Wellers [1976] 1 QB 446, 396
CLC 1127, 164, 165 Hickman v Haynes (1875) LR 10 CP 598, 101
Highland and Universal Properties Ltd v
Hadley v Baxendale (1854) 9 Exch 341, 389–90, Safeway Properties Ltd 2000 SLT 414, 418
391, 392, 393, 399 HIH Casualty and General Insurance Ltd v
Halpern v Halpern (No 2) [2007] EWCA Civ Chase Manhattan Bank [2003] UKHL 6;
291; [2008] QB 195, 258 [2003] 2 Lloyd’s Rep 61, 210–2, 263
Hamer v Sidway (1891) 27 NE 256, 78 Hillas v Arcos (1932) 147 LT 503, 49–50, 52, 53, 65
Hamilton Jones v David & Snape (a firm) [2003] Hinton v Sparkes (1868) LR 3 CP 161, 411
EWHC 3147 (Ch); [2004] 1 All ER 657, 397 Hirji Mulji v Cheong Yue SS Co [1926] AC 497, 277
Hammond v Osborn [2002] EWCA Civ 885, 324 Hitchins (Hatfield) Ltd v H Butterworth Ltd,
Hamsard 3147 Ltd v Boots UK Ltd [2013] Unreported, Court of Appeal, 25 February
EWHC 3251 (Pat), 242 1995, 23
 Table of cases xxi

Hochster v De La Tour (1853) 2 E & B 678, 365 Investors Compensation Scheme Ltd v West
Hoenig v Isaacs [1952] 2 All ER 176, 402, 403 Bromwich Building Society [1998] 1 WLR
Hollier v Rambler Motors (AMC) Ltd [1972] 2 896, 172, 174, 177, 178, 211–2
QB 71, 170 Ion, The [1980] 2 Lloyd’s Rep 245, 99
Holman v Johnson (1775) 1 Cowp 341, 306 Isabella Shipowner SA v Shagang Shipping
Holwell Securities Ltd v Hughes [1974] 1 WLR Co Ltd (The Aquafaith) [2012] EWHC 1077
155, 42 (Comm); [2012] 2 Lloyd’s Rep 61, 367
Home Insurance Co v Administratia Islamic Republic of Iran Shipping Lines v
Asiguraliror [1983] 2 Lloyd’s Rep 674, 120 Steamship Mutual Underwriting Association
Hong Kong Fir Shipping Co Ltd v Kawasaki (Bermuda) Ltd [2010] EWHC 2661 (Comm);
Kisen Kaisha Ltd [1962] 2 QB 26, 198, [2011] 1 Lloyd’s Rep 195, 278, 282
200, 201 Islington LBC v UCKAC [2006] EWCA Civ 340,
Hooper v Oates [2013] EWCA Civ 91; [2013] 3 258
All ER 211, 386
Hopkins v Tanqueray (1854) 15 CB 130, 158 Jackson v Horizon Holidays [1975] 1 WLR 1468,
Horne v Midland Rly (1873) LR 6 CP 131, 390 138, 152, 154
Horsfall v Thomas (1862) 1 H & C 90, 250 Jackson v Royal Bank of Scotland [2005] UKHL
Hounslow LBC v Twickenham Garden 3; [2005] 1 WLR 377, 389
Developments Ltd [1971] Ch 233, 366–7 Jackson v Union Marine Insurance Co Ltd
Household Fire Insurance v Grant (1879) 4 Ex (1874) LR 10 CP 125, 280, 281, 283
D 217, 41 Jacobs v Batavia & General Plantations Trust
Howard v Pickford Tool Co Ltd [1951] 1 KB 417, Ltd [1924] 1 Ch 287, 162
366 Janson v Driefontein Consolidated Mines Ltd
Howard Marine and Dredging Co v A Ogden [1902] AC 484, 305
and Sons [1978] QB 574, 253–4 Jarvis v Swan’s Tours [1973] QB 233, 260, 396
Howatson v Webb [1907] 1 Ch 537, 167 Jet2.com Ltd v Blackpool Airport Ltd [2012] EWCA
Howe v Smith (1884) 27 Ch D 89, 411 Civ 417; [2012] 2 All ER (Comm) 1053, 240
Hughes v Greenwich London BC [1994] AC Jobson v Johnson [1989] 1 All ER 621, 405
170, 170 John Grimes Partnership Ltd v Gubbins [2013]
Hughes v Liverpool Victoria Legal Friendly EWCA Civ 37; [2013] BLR 126, 393
Society [1916] 2 KB 482, 306 Johnson v Agnew [1980] AC 367, 361, 364, 386, 420
Hughes v Metropolitan Rly Co (1877) 2 App Johnson v Gore Wood & Co [2002] 2 AC 1, 396
Cas 439, 101–3, 364 Johnstone v Bloomsbury HA [1992] QB 333,
Hutton v Warren (1836) 1 M & W 466, 163, 184 186, 218
Huyton SA v Peter Cremer GmbH & Co Inc Jones v Padavatton [1969] 1 WLR 328, 118–9
[1999] 1 Lloyd’s Rep 620, 319, 322 Jones v Waite (1839) 5 Bing NC 341, 91
Hyde v Wrench (1840) 3 Beav 334, 36, 44 Jorden v Money (1854) 5 HL Cas 185, 100
Hyundai Shipbuilding and Heavy Industries Joscelyne v Nissen [1970] 2 QB 86, 182, 183
Co Ltd v Papadopoulos [1980] 1WLR Junior Books Ltd v Veitchi & Co Ltd [1983] 1 AC
1129, 413 520, 131, 146–7

Impala Warehousing and Logistics (Shanghai) Kanchenjunga, The [1990] 1 Lloyd’s Rep 391,
Co Ltd v Wanxiang Resources (Singapore) 101, 364
Pte Ltd [2015] EWHC 25 (Comm), 168 Karsales (Harrow) Ltd v Wallis [1956] 1 WLR
Imperial Loan Co v Stone [1892] 1 QB 599, 314 936, 213
ING Bank NV v Ros Roca SA [2011] EWCA Civ Kásler v OTP Jelzálogbank Zrt (Case C-26/13);
353; [2012] 1 WLR 472, 175, 177 [2014] 2 All ER (Comm) 443, 336, 343,
Ingram v Little [1961] 1 QB 31, 61–2, 65 345–6, 347
Interfoto Picture Library Ltd v Stiletto Visual Kasumu v Baba-Egbe [1956] AC 539, 306
Programmes Ltd [1989] QB 433, 169, 205, Kaye v Nu Skin UK Ltd [2009] EWHC 3509
237, 239 (Ch); [2011] 1 Lloyd’s Rep 40, 170
 xxii Table of cases

Kearley v Thomson (1890) 24 QBD 742, 307 Leaf v International Galleries [1950] 2 KB 86,
Keates v Cadogan (1851) 10 CB 591, 233 258, 272
Keay v Morris Homes (West Midlands) Ltd Lease Management Services Ltd v Purnell
[2012] EWCA Civ 900; [2012] 1 WLR 2855, 70 Secretarial Services Ltd [1994] Tr LR 337, 225
Kendall (Henry) Ltd v William Lillico Ltd Lefkowitz v Great Minneapolis Surplus Stores
[1969] 2 AC 31, 170, 171 86 NW 2d 689 (1957), 30, 47
Kepong Prospecting Ltd v Schmidt [1968] AC Le Lievre v Gould [1893] 1 QB 491, 251
810, 126 Lens v Devonshire Social Club, The Times, 4
KG Bominflot Bunkergesellschaft Für December 1914, 118
Mineralöle mnH & Co v Petroplus Marketing Leofelis SA v Lonsdale Sports Ltd [2008] EWCA
AG (The ‘Mercini Lady’) [2010] EWCA Civ Civ 640; [2008] All ER (D) 87 (Jul), 256
1145; [2011] 1 Lloyd’s Rep 442, 206–7 Les Affréteurs Réunis v Walford [1919] AC 801,
King’s Norton Metal Co v Edridge Merrett & 145–6
Co Ltd (1897) 14 TLR 98, 61 Les Laboratoires Servier v Apotex Inc [2014]
Kiriri Cotton v Dewani [1960] AC 192, 306 UKSC 55; [2014] 3 WLR 1257, 294
Kleinwort Benson Ltd v Lincoln City Council Leslie (R) Ltd v Sheill [1914] 3 KB 607, 313
[1999] 2 AC 349, 247 L’Estrange v F Graucob Ltd [1934] 2 KB 394, 164–5
Kleinwort Benson v Malaysia Mining Corp Levison v Patent Steam Carpet Cleaning Co Ltd
Berhad [1989] 1 WLR 379, 245–6 [1978] QB 68, 205
Knatchbull-Hugessen v SISU Capital Ltd [2014] Lewis v Averay [1972] 1 QB 198, 61–62, 65
EWHC 1194 (QB), 241 Lictor Anstalt v Mir Steel UK Ltd [2012] EWCA
Kolmar Group AG v Traxpo Enterprises Pty Ltd Civ 1397; [2013] 2 All ER (Comm) 54, 211
[2010] EWHC 113 (Comm); [2010] 2 Lloyd’s Linden Gardens Trust Ltd v Lenesta Sludge
Rep 653, 319, 322 Disposals Ltd [1994] 1 AC 85, 133, 138, 140,
Korbetis v Transgrain Shipping BV [2005] 141, 373–4
EWHC 1345 (QB), 341 Linklaters Business Services v Sir Robert
Koufos v C Czarnikow Ltd (The Heron II) McAlpine Ltd [2010] EWHC 1145 (TCC);
[1969] 1 AC 350, 389, 393, 399 [2010] BLR 537, 147
Kreglinger (G and C) v New Patagonia Meat Lister v Romford Ice & Cold Storage Co Ltd
and Cold Storage Co Ltd [1914] AC 25, 413 [1957] AC 555, 184
Krell v Henry [1903] 2 KB 740, 279, 280–2, 290 Liverpool CC v Irwin [1977] AC 239, 187
Kuddus v Chief Constable of Leicestershire Lloyd v Browning [2013] EWCA Civ 1637, 264
Constabulary [2001] UKHL 29; [2002] 2 AC Lloyds Bank v Bundy [1975] QB 326, 328
122, 260, 370 Lloyds TSB Foundation for Scotland v Lloyd’s
Kum v Wah Tat Bank Ltd [1971] 1 Lloyd’s Rep Banking Group plc [2013] UKSC 3; [2013] 1
439, 184 WLR 366, 178
Lobb (Alec) (Garages) Ltd v Total Oil (GB) Ltd
Laemthong International Lines Co Ltd v Artis [1983] 1 WLR 87, 320–1
(The Laemthong Glory) (No 2) [2005] EWCA Lobb (Alec) (Garages) Ltd v Total Oil (GB) Ltd
Civ 519; [2005] 1 Lloyd’s Rep 688, 131 [1985] 1 WLR 173, 304, 328
Lake v Simmonds [1927] AC 487, 61 Lockett v AM Charles Ltd [1938] 4 All ER 170,
Lambert v Lewis [1982] AC 225, 394 154
Lampleigh v Brathwait (1615) Hob 105, 93 Lodder v Slowey [1904] AC 442, 378
Lane v O’Brien Homes [2004] EWHC 303 (QB), Lombard North Central plc v Butterworth
383 [1987] QB 527, 193–4, 195, 362, 403, 410
Lauritzen (J) AS v Wijsmuller BV (The ‘Super London Borough of Newham v Khatun [2004]
Servant Two’) [1989] 1 Lloyd’s Rep 148, 285 EWCA Civ 55; [2005] QB 37, 335
Lauritzen (J) AS v Wijsmuller BV (‘The Super London Drugs Ltd v Kuehne & Nagel
Servant Two’) [1990] 1 Lloyd’s Rep 1, 285–6 International Ltd (1992) 97 DLR (4th) 261, 150
Law Debenture Trust Corp v Ural Caspian Oil London Joint Stock Bank v Macmillan [1918]
Corp Ltd [1993] 1 WLR 138, 152 AC 777, 394
 Table of cases xxiii

Loudon (John) & Co v Elder’s CB 1923 SLT 226, Mathieson Gee (Ayrshire) Ltd v Quigley 1952
315 SC (HL) 38, 21, 48
Lovell & Christmas Ltd v Wall (1911) 104 LT 85, May and Butcher v R [1934] 2 KB 17, 50, 52, 53, 65
172, 180 McArdle, Re [1951] Ch 669, 93
Lowe v Peers (1768) 2 Burr 2225, 299 McCausland v Duncan Lawrie Ltd [1997] 1
LSREF III Wight Ltd v Millvalley Ltd [2016] WLR 38, 70
EWHC 466 (Comm), 181, 182 McCutcheon v David MacBrayne Ltd [1964] 1
Lumley v Gye (1853) 2 El & Bl 216, 150 WLR 125, 170, 171
Luxor (Eastbourne) Ltd v Cooper [1941] AC McKenzie v Royal Bank of Canada [1934] AC
108, 43, 186 468, 258
McNaughten (James) Papers Group plc v Hicks
Macklin v Dowsett [2004] EWCA Civ 904, 324 Anderson & Co (a firm) [1991] 2 QB 113, 252
Maclaine v Gatty [1921] 1 AC 376, 98 McRae v Commonwealth Disposals
MacLeod v Kerr 1965 SC 253, 258 Commission (1951) 84 CLR 377, 270, 271,
MacLeod v MacLeod [2008] UKPC 64; [2010] 1 291, 386
AC 298, 300 MCI WorldCom International Inc v Primus
Magee v Pennine Insurance Co [1969] 2 QB 507, Telecommunications Inc [2003] EWHC 2182
275 (Comm); [2004] 1 All ER (Comm) 138, 254
Maggs (t/a BM Builders) v Marsh [2006] EWCA Mediterranean Salvage & Towage Ltd v Seamar
Civ 1058; [2006] BLR 395, 176 Trading & Commerce Inc (The Reborn)
Mahkutai, The [1996] AC 650, 122, 125, 150 [2009] EWCA Civ 531; [2009] 2 Lloyd’s Rep
Mahmoud and Ispahani, Re [1921] 2 KB 716, 639, 185–6
297, 310 Merritt v Merritt [1970] 1 WLR 1121, 119
Mahmud v Bank of Credit and Commerce Metropolitan Water Board v Dick, Kerr and Co
International SA [1998] AC 20, 184 [1918] AC 119, 283
Manchester Diocesan Council for Education v MFM Restaurants Pte Ltd v Fish & Co
Commercial and General Investments Ltd Restaurants Pte Ltd [2010] SGCA 36; [2011] 1
[1969] 3 All ER 1593, 38 SLR 150, 392
Mann v Nunn (1874) 30 LT 526, 163 Michael v Chief Constable of South Wales
Manton Hire and Sales Ltd v Ash Police [2015] UKSC 2; [2015] AC 1732, 79
Manor Cheese Co Ltd [2013] EWCA Mihalis Angelos, The [1971] 1 QB 164, 193, 363
Civ 548, 387 Mikhail Lermontov, The [1990] 1 Lloyd’s Rep
Mannai Investment Co Ltd v Eagle 579, 168
Star Life Assurance Co Ltd [1997] Miles v NZ Alford Estate Co (1886) 32 Ch D
AC 749, 176, 177 267, 97
Maritime National Fish Ltd v Ocean Trawlers Miller v Karlinski (1945) 62 TLR 85, 300
Ltd [1935] AC 524, 285 Miller (James) & Partners Ltd v Whitworth
Marks and Spencer plc v BNP Paribas Securities Street Estates (Manchester) Ltd [1970] AC
Services Trust Co (Jersey) Ltd [2015] UKSC 583, 175
72; [2016] AC 742, xiii, 186, 187, 188 Milner v Carnival plc (trading as Cunard)
Marlbray Ltd v Laditi [2016] EWCA 476, 71 [2010] EWCA Civ 389; [2010] 3 All ER 701,
Marles v Philip Trant & Sons Ltd [1954] 1 QB 396
29, 296 Mitchell (George) (Chesterhall) Ltd v Finney
Marley v Rawlings [2014] UKSC 2; [2015] AC Lock Seeds Ltd [1983] 2 AC 803, 207, 224, 225
172, 158 MJB Enterprises Ltd v Defence Construction
Marsden v Barclays Bank plc [2016] EWHC (1951) Ltd (1999) 170 DLR (4th) 577, 34
1601 (QB) [2016] 2 Lloyd’s Rep 420, 321, 332 Monarch Airlines Ltd v London Luton Airport
Mason v Benhar Coal Co 1882 9 R 883, 41 Ltd [1998] 1 Lloyd’s Rep 403, 209
Mason v Provident Clothing and Supply Co Monarch Steamship Co Ltd v Karlshamns
[1913] AC 724, 303 Oljefabrieker [1949] AC 196, 394
Mathias v Yetts (1882) 46 LT 497, 249 Moorcock, The (1889) 14 PD 64, 185
xxiv Table of cases

Moores v Yakeley Associates Ltd (1999) 62 Con Nittan (UK) Ltd v Solent Steel Fabrication Ltd
LR 76, 225 [1981] 1 Lloyd’s Rep 633, 181
Morgan v Manser [1948] 1 KB 184, 281 Nocton v Lord Ashburton [1914] AC 932, 230
Morris (Herbert) Ltd v Saxelby [1916] 1 AC 688, 303 Nordenfelt v Maxim Nordenfelt [1894] AC 535, 304
MSC Mediterranean Shipping Co SA v Cottonex North Eastern Properties v Coleman [2010]
Anstalt [2016] EWCA Civ 789; [2016] 2 EWCA Civ 277; [2010] 1 WLR 2715, 71
Lloyd’s Rep 494, 242, 359, 368 North Ocean Shipping Co Ltd v Hyundai
Multi-Link Leisure Developments v North Construction Co Ltd [1979] QB 705, 81, 319,
Lanarkshire Council [2010] UKSC 47; [2011] 323
1 All ER 175, 176 North Shore Ventures Ltd v Anstead Holdings
Munt v Beasley [2006] EWCA Civ 370, 183 Inc [2010] EWHC 1485 (Ch), 282
Murphy & Sons Ltd v Johnston Precast Ltd Northrop Grumman Missions Systems Europe
[2008] EWHC 3024 (TCC); [2008] All ER (D) Ltd v BAE Systems (Al Diriyah C41) Ltd
114 (Dec), 225 [2015] EWCA Civ 844; [2015] BLR 657, 175
Museprime Properties Ltd v Adhill Properties Norwich and Peterborough Building Society v
Ltd (1991) 61 P & C R 111, 249 Steed (No 2) [1993] QB 116, 166–7
Musumeci v Winadell Pty Ltd (1994) 34 Notts Patent Brick and Tile Co v Butler (1866)
NSWLR 723, 90 16 QBD 778, 236
Mutual Life and Citizens Assurance Co v Evatt Novus Aviation Ltd v Alubaf Arab International
[1971] AC 793, 253 Bank BSC(c) [2016] EWHC 1575 (Comm), 52
MWB Business Exchange Centres Ltd v Rock
Advertising Ltd [2016] EWCA Civ 553; OBG Ltd v Allan [2007] UKHL 21; [2008] 1 AC
[2016] 3 WLR 1519, 88, 90, 103, 104, 113 1, 151
Myers v Kestrel Acquisitions Ltd [2015] EWHC O’Brien v MGN Ltd [2002] CLC 33, 118, 170
916; [2016] 1 BCLC 719, 242 Ocean Chemical Transport Inc v Exnor Craggs
Ltd [2000] 1 Lloyd’s Rep 446, 227
Nash v Inman [1908] 2 KB 1, 311–3 Ocean Marine Navigation Ltd v Koch Carbon
Nash v Stevenson Transport Ltd [1936] 2 KB Inc (The ‘Dynamic’) [2003] EWHC 1936
128, 297 (Comm); [2003] 2 Lloyd’s Rep 693, 367
National Carriers v Panalpina (Northern) Ltd Oceanbulk Shipping and Trading SA v TMT Asia
[1981] AC 675, 280 Ltd [2010] UKSC 44; [2011] 1 AC 662, 175, 176
National Commercial Bank (Jamaica) Ltd v O’Dea v Allstates Leasing System (WA) Pty Ltd
Hew [2003] UKPC 51, 324 (1983) 57 ALJR 172, 408
National Westminster Bank plc v Morgan [1985] Odenfield, The [1978] 2 Lloyd’s Rep 357, 367
AC 686, 221, 325, 326–7, 328, 330 Office of Fair Trading v Abbey National plc [2009]
National Westminster Bank plc v Somer EWCA Civ 116; [2009] 2 WLR 1286; [2009]
International (UK) Ltd [2001] EWCA Civ UKSC 6; [2010] 1 AC 696, 335, 342, 343, 344,
970; [2002] 1 All ER 198, 100 345, 346, 349, 351
National Westminster Bank v Utrecht–America Office of Fair Trading v Ashbourne
Finance Co [2001] EWCA Civ 733; [2001] 3 Management Services Ltd [2011] EWHC
All ER 733, 202 1237 (Ch); [2011] ECC 31, 339, 343, 346
Naxos, The [1990] 1 WLR 1337, 193, 196 Olley v Marlborough Court Ltd [1949] 1 KB
Nema, The [1982] AC 724, 277, 280 532, 168
Newport City Council v Charles [2008] EWCA Olympia & York Canary Wharf Ltd, Re (No 2)
Civ 1541; [2009] 1 WLR 1884, 99 [1993] BCC 159, 195, 199
Nicholson and Venn v Smith-Marriott (1947) Olympic Pride, The [1980] 2 Lloyd’s Rep 67, 182
177 LT 189, 273 Omak Maritime Ltd v Mamola Challenger
Nicolene Ltd v Simmonds [1953] 1 QB 543, 53 Shipping Co [2010] EWHC 2026 (Comm);
Nisshin Shipping Co Ltd v Cleaves & Co Ltd [2011] 1 Lloyd’s Rep 47, 384, 385
[2003] EWHC 2602 (Comm); [2004] 1 Lloyd’s One Step (Support) Ltd v Morris-Garner [2016]
Rep 38, 130–132 EWCA Civ 180; [2016] IRLR 435, 381, 382
 Another Random Document on
Scribd Without Any Related Topics
having something about me that interests most people at first sight in my favour?

In a letter to Mrs. Thrale, Johnson once wrote: “It has become so much
the fashion to publish letters that in order to avoid it, I put as little into mine
as I can.” Boswell was not afraid of publication. His fear, as he said, was
that letters, like sermons, would not continue to attract public curiosity, so
he spiced his highly. Did he do or say a foolish thing, he at once sat down
and told Temple all about it, usually adding that in the near future he
intended to amend. His comment on his contemporaries is characteristic.
“Hume,” he says, “told me that he would give me half-a-crown for every
page of Johnson’s Dictionary in which he could not find an absurdity, if I
would give him half-a-crown for every page in which he could find one.”
He announces Adam Smith’s election to membership in the famous
literary club by saying: “Smith is now of our club—it has lost its select
merit.” Of Gibbon he says: “I hear nothing of the publication of his second
volume. He is an ugly, affected, disgusting fellow, and poisons our literary
club to me.”
As he grows older and considers how unsuccessful his life has been, how
he had failed at the bar both in Scotland and in London, he begins to
complain. He can get no clients; he fears that, even were he entrusted with
cases, he would fail utterly.
I am afraid [he says], that, were I to be tried, I should be found so deficient in the
forms, the quirks and the quiddities, which early habit acquires, that I should expose
myself. Yet the delusion of Westminster Hall, of brilliant reputation and splendid fortune as
a barrister, still weighs upon my imagination. I must be seen in the Courts, and must hope
for some happy openings in causes of importance. The Chancellor, as you observe, has not
done as I expected; but why did I expect it? I am going to put him to the test. Could I be
satisfied with being Baron of Auchinleck, with a good income for a gentleman in Scotland,
I might, no doubt, be independent. What can be done to deaden the ambition which has
ever raged in my veins like a fever?

But the highest spirits will sometimes flag. Boswell, the friendly,
obliging, generous roué, was getting old. He begins to speak of the past.
Do you remember when you and I sat up all night at Cambridge, and read Gray with a
noble enthusiasm; when we first used to read Mason’s “Elfrida,” and when we talked of
that elegant knot of worthies, Gray, Mason and Walpole?

“Elfrida” calls itself on the title-page, “A Dramatic Poem written on the

model of the Ancient Greek Tragedy.” I happen to own and value highly the
very copy of this once famous poem, which Boswell and Temple read
together; on the fly leaf, under Boswell’s signature, is a characteristic note
in his bold, clear hand: “A present from my worthy friend Temple.”
He becomes more than ever before the butt of
his acquaintance. He tells his old friend of a trick
which has been played on him—only one of
many. He was staying at a great house crowded
with guests.
I and two other gentlemen were laid in one room. On
Thursday morning my wig was missing; a strict search was
made, all in vain. I was obliged to go all day in my
nightcap, and absent myself from a party of ladies and
gentlemen who went and dined with an Earl on the banks
of the lake, a piece of amusement which I was glad to
shun, as well as a dance which they had at night. But I was
in a ludicrous situation. I suspect a wanton trick, which
some people think witty; but I thought it very ill-timed to
one in my situation.

When his father dies and he comes into his

estates, he is deeply in debt; he hates Scotland,
he longs to be in London, to enjoy the Club, to
see Johnson, to whom he writes of his
difficulties, asking his advice. Johnson gives him just such advice as might
be expected.
To come hither with such expectations at the expense of borrowed money, which I find
you know not where to borrow, can hardly be considered prudent. I am sorry to find, what
your solicitations seem to imply, that you have already gone the length of your credit. This
is to set the quiet of your whole life at hazard. If you anticipate your inheritance, you can at
last inherit nothing; all that you receive must pay for the past. You must get a place, or pine
in penury, with the empty name of a great estate. Poverty, my dear friend, is so great an
evil, that I cannot but earnestly enjoin you to avoid it. Live on what you have; live, if you
can, on less; do not borrow either for vanity or pleasure; the vanity will end in shame, and
the pleasure in regret; stay therefore at home till you have saved money for your journey
hither.

His wife dies and Johnson dies. One by one the props are pulled from
under him; he drinks, constantly gets drunk; is, in this condition, knocked
down in the streets and robbed, and thinks with horror of giving up his soul,
intoxicated, to his Maker. “Oh, Temple, Temple!” he writes, “is this
realizing any of the towering hopes which have so often been the subject of
our conversation and letters?” At last he begins a letter which he is never to
finish. “I would fain write you in my own hand but really cannot.” These
were the last words poor Boswell ever wrote.

But Boswell’s life is chiefly interesting where it impinges upon that of

his great friend. A few months after the famous meeting in Davies’s book-
shop, he started for the Continent, with the idea, following the fashion of
the time, of studying law at Utrecht, Johnson accompanying him on his way
as far as Harwich.
After a short time at the University, during which he could have learned
nothing, we find him wandering about Europe in search of celebrities,—big
game,—the hunting of which was to be the chief interest of his life. He
succeeded in bagging Voltaire and Rousseau,—there was none bigger,—and
after a short stay in Rome he turned North, sailing from Leghorn to Corsica,
where he met Paoli, the patriot, and finally returned home, escorting
Thérèse Levasseur, Rousseau’s mistress, as far as London. Hume at this
time speaks of him as “a friend of mine, very good-humored, very
agreeable and very mad.”
Meanwhile his father, Lord Auchinleck, who had borne with admirable
patience such stories as had reached him of his son’s wild ways, insisted
that it was time for him to settle down; but Boswell was too full of his
adventures in the island of Corsica and his meeting with Paoli, to begin
drudgery at the law. His accounts of his travels made him a welcome guest
at London dinner-parties, and he had finally decided to write a book of his
experiences.
At last the father, by a threat to cut off supplies, secured his son’s return;
but his desire to publish a book had not abated, and while he finally was
admitted to the Scotch bar, we find him corresponding with his friend Mr.
Dilly, the publisher, in regard to the book upon which he was busily
employed. From an unpublished letter, which I was fortunate enough to
secure quite recently from a book-seller in New York, Gabriel Wells, we
may follow Boswell in his negotiations.
Edinburgh, 6 August, 1767.
Sir
 I have received your letter agreeing to pay me One Hundred Guineas for the Copy-
Right of my Account of Corsica, &c., the money to be due three months after the
publication of the work in London, and also agreeing that the first Edition shall be printed
in Scotland, under my direction, and a map of Corsica be engraved for the work at your
Expence.
In return to which, I do hereby agree that you shall have the sole Property of the said
work. Our Bargain therefore is now concluded and I heartily wish that it may be of
advantage to you.
I am Sir
Your most humble Servant
James Boswell.
To Mr. Dilly, Bookseller, London.

COPY OF JAMES BOSWELL’S AGREEMENT

WITH MR. DILLY, RECITING THE TERMS
AGREED ON FOR THE PUBLICATION OF
“CORSICA”

Through the kindness of my fellow collector and generous friend, Judge

Patterson of Philadelphia, I own an interesting fragment of a brief in
Boswell’s hand, written at about this period. It appears therefrom that
Boswell had been retained to secure the return of a stocking-frame of the
value of a few shillings, which had been forcibly carried off. The outcome
of the litigation is not known, but the paper bears the interesting
indorsement, “This was the first Paper drawn by me as an Advocate. James
Boswell.”
But I am allowing my collector’s passion to
carry me too far afield. The preface of Boswell’s
“Account of Corsica” closes with an interesting
bit of self-revelation. He says, characteristically,
—
For my part I should be proud to be known as an
author; I have an ardent ambition for literary fame; for of
all possessions I should imagine literary fame to be the
most valuable. A man who has been able to furnish a book
which has been approved by the world has established
himself as a respectable character in distant society,
without any danger of having that character lessened by the
observation of his weaknesses. To preserve a uniform
dignity among those who see us every day is hardly
possible; and to aim at it must put us under the fetters of a
perpetual restraint. The author of an approved book may
allow his natural disposition an easy play, and yet indulge
the pride of superior genius, when he considers that by
those who know him only as an author he never ceases to
be respected. Such an author in his hours of gloom and
discontent may have the consolation to think that his writings are at that very time giving
pleasure to numbers, and such an author may cherish the hope of being remembered after
death, which has been a great object of the noblest minds in all ages.

A brief contemporary criticism sums up the merits of “Corsica” in a

paragraph. “There is a deal about the Island and its dimensions that one
doesn’t care a straw about, but that part which relates to Paoli is amusing
and interesting. The author has a rage for knowing anybody that was ever
talked of.”
Boswell thought that he was the first, but he proved to be the second
Englishman (the first was an Englishwoman) who had ever set foot upon
the island. He visited Paoli, and his accounts of his reception by the great
patriot and his conversation with the people are amusing in the extreme. To
his great satisfaction it was generally believed that he was on a public
mission.
The more I disclaimed any such thing, the more they persevered in affirming it; and I
was considered as a very close young man. I therefore just allowed them to make a
minister of me, till time should undeceive them.... The Ambasciadore Inglese—as the good
peasants and soldiers used to call me—became a great favorite among them. I got a
Corsican dress made, in which I walked about with an air of true satisfaction.

On another occasion:—
When I rode out I was mounted on Paoli’s own horse, with rich furniture of crimson
velvet, with broad gold lace, and had my guard marching along with me. I allowed myself
to indulge a momentary pride in this parade, as I was curious to experience what should
really be the pleasure of state and distinction with which mankind are so strangely
intoxicated.

The success of this publication led Boswell into some absurd

extravagances which he thought were necessary to support his position as a
distinguished English author. Praise for his work he skillfully extracted
from most of his friends, but Johnson proved obdurate. He had expressed a
qualified approval of the book when it appeared; but when Boswell in a
letter sought more than this, the old Doctor charged him to empty his head
of “Corsica,” which he said he thought had filled it rather too long.
Boswell wrote at least two of what we should to-day call press notices of
himself. One is reminded of the story of the man in a hired dress-suit at a
charity ball rushing about inquiring the whereabouts of the man who puts
your name in the paper. To such an one Boswell presented this brief account
of himself on the occasion of the famous Shakespeare Jubilee.
One of the most remarkable masks upon this occasion was James Boswell, Esq., in the
dress of an armed Corsican Chief. He entered the amphitheatre about twelve o’clock. He
wore a short dark-coloured coat of coarse cloth, scarlet waistcoat and breeches, and black
spatter-dashes; his cap or bonnet was of black cloth; on the front of it was embroidered in
gold letters, “Viva la Liberta,” and on one side of it was a handsome blue feather and
cockade, so that it had an elegant as well as a warlike appearance. On the breast of his coat
was sewed a Moor’s head, the crest of Corsica, surrounded with branches of laurel. He had
also a cartridge-pouch into which was stuck a stiletto, and on his left side a pistol was hung
upon the belt of his cartridge-pouch. He had a fusee slung across his shoulder, wore no
powder in his hair, but had it plaited at full length with a knot of blue ribbon at the end of
it. He had, by way of staff, a very curious vine all of one piece, with a bird finely carved
upon it emblematical of the sweet bard of Avon. He wore no mask, saying that it was not
proper for a gallant Corsican. So soon as he came into the room he drew universal
attention. The novelty of the Corsican dress, its becoming appearance, and the character of
that brave nation concurred to distinguish the armed Corsican Chief.

May we not suppose that several bottles of “Old Hock” contributed to

his enjoyment of this occasion? Here is the other one:—
Boswell, the author, is a most excellent man: he is of an ancient family in the West of
Scotland, upon which he values himself not a little. At his nativity there appeared omens of
his future greatness. His parts are bright, and his education has been good. He has travelled
in post-chaises miles without number. He is fond of seeing much of the world. He eats of
every good dish, especially apple pie. He drinks Old Hock. He has a very fine temper. He
is somewhat of a humorist and a little tinctured with pride. He has a good manly
countenance, and he owns himself to be amorous. He has infinite vivacity, yet is observed
at times to have a melancholy cast. He is rather fat than lean, rather short than tall, rather
young than old. His shoes are neatly made, and he never wears spectacles.

The success of “Corsica” was not very great, but it sufficed to turn
Boswell’s head completely. He spent as much time in London as he could
contrive to, and led there the life of a dissipated man of fashion. He
quarreled with his father, and after a series of escapades with women of the
town and love-affairs with heiresses, he finally married his cousin, Margaret
Montgomerie, a girl without a fortune. Much to Boswell’s disgust, his
father, on the very same day, married for the second time, and married his
cousin.
For a time after marriage he seemed to take his profession seriously, but
he deceived neither his father nor his clients. The old man said that Jamie
was simply taking a toot on a new horn. Meanwhile Boswell never allowed
his interest in Johnson to cool for a moment. When he was in London,—and
he went there on one excuse or another as often as his means permitted,—
he was much with Johnson; and when he was at home, he was constantly
worrying Johnson for some evidence of his affection for him. Finally
Johnson writes, “My regard for you is greater almost than I have words to
express” (this from the maker of a dictionary); “but I do not chuse to be
always repeating it; write it down in the first leaf of your pocketbook, and
never doubt of it again.”
Neither wife nor father could understand the feeling of reverence and
affection which their Jamie had for Johnson. I always delight in the story of
his father saying to an old friend, “There’s nae hope for Jamie, mon. Jamie
is gaen clean gyte. What do you think, mon? He’s done wi’ Paoli—he’s off
wi’ the land-louping scoundrel of a Corsican; and whose tail do you think
he has pinned himself to now, mon? A dominie, mon—an auld dominie: he
keeped a schule, and ca’d it an academy.”
Mrs. Boswell, a sensible, cold, rather shadowy person, saw but little of
Johnson, and was satisfied that it should be so. There is one good story to
her credit. Unaccustomed to the ways of genius, she caught Johnson, who
was nearsighted, one evening burnishing a lighted candle on her carpet to
make it burn more brightly, and remarked, “I have seen many a bear led by
a man, but never before have I seen a man led by a bear.” Boswell was just
the fellow to appreciate this, and promptly repeated it to Johnson, who
failed to see the humor of it.
In 1782 his father died and he came into the estate, but by his
improvident management he soon found himself in financial difficulties.
Johnson’s death two years later removed a restraining influence that he
much needed. He tried to practice law, but he was unsuccessful. Never an
abstemious man, he now drank heavily and constantly, and as constantly
resolved to turn over a new leaf.
Shortly after Johnson’s death, Boswell published his “Journal of the Tour
of the Hebrides,” which reached a third edition within the year and
established his reputation as a writer of a new kind, in which anecdotes and
conversation are woven into a narrative with a fidelity and skill which were
as easy to him as they were impossible to others.
The great success of this book encouraged him to begin, and continue to
work upon, the great biography of Johnson on which his fame so securely
rests. Others had published before him. Mrs. Piozzi’s “Anecdotes of the
Late Samuel Johnson” had sold well, and Hawkins, the “unclubable
Knight,” as Johnson called him, had been commissioned by the booksellers
of London to write a formal biography, which appeared in 1787; while of
lesser publications there was seemingly no end; nevertheless, Boswell
persevered, and wrote his friend Temple that his
mode of biography which gives not only a history of Johnson’s visible progress through the
world, and of his publications, but a view of his mind in his letters and conversations, is the
most perfect that can be conceived, and will be more of a life than any work that has yet
appeared.

He had been preparing for the task for more than twenty years; he had, in
season and out, been taking notes of Johnson’s conversations, and Johnson
himself had supplied him with much of the material. Thus in poverty,
interrupted by periods of dissipation, amid the sneers of many, he continued
his work. While it was in progress his wife died, and he, poor fellow, justly
upbraided himself for his neglect of her.

DR. JOHNSON IN TRAVELING DRESS, AS DESCRIBED IN BOSWELL’S TOUR

Engraved by Trotter

Meanwhile, a “new horn” was presented to him. He had, or thought he

had, a chance of being elected to Parliament, or at least of securing a place
under government; but in all this he was destined to be disappointed. It
would be difficult to imagine conditions more unfavorable to sustained
effort than those under which Boswell labored. He was desperately hard up.
Always subject to fits of the blues, which amounted almost to melancholia,
he many a time thought of giving up the task from which he hoped to derive
fame and profit. He considered selling his rights in the publication for a
thousand pounds. But it would go to his heart, he said, to accept such a
sum; and again, “I am in such bad spirits that I have fear concerning it—I
may get no profit, nay, may lose—the public may be disappointed and think
I have done it poorly—I may make enemies, and even have quarrels.” Then
the depression would pass and he could write: “It will be, without
exception, the most entertaining book you ever read.” When his friends
heard that the Life would make two large volumes quarto, and that the price
was two guineas, they shook their heads and Boswell’s fears began again.
At last, on May 16, 1791, the book appeared, with the imprint of Charles
Dilly, in the Poultry; and so successful was it that by August twelve
hundred copies had been disposed of, and the entire edition was exhausted
before the end of the year. The writer confesses to such a passion for this
book that of this edition he owns at present four copies in various states, the
one he prizes most having an inscription in Boswell’s hand: “To James
Boswell, Esquire, Junior, from his affectionate father, the Authour.” Of
other editions—but why display one’s weakness?
“Should there,” in Boswell’s phrase, “be any cold-blooded and morose
mortals who really dislike it,” I am sorry for them. To me it has for thirty
years been a never-ending source of profit—and pleasure, which is as
important. It is a book to ramble in—and with. I have never, I think, read it
through from cover to cover, as the saying is, but some day I will;
meanwhile let me make a confession. There are parts of it which are deadly
dull; the judicious reader will skip these without hint from me. I have,
indeed, always had a certain sympathy with George Henry Lewes, who for
years threatened to publish an abridgment of it. It could be done: indeed, the
work could be either expanded or contracted at will; but every good
Boswellian will wish to do this for himself; tampering with a classic is
somewhat like tampering with a will—it is good form not to.

What is really needed is a complete index to the sayings of Johnson—his

dicta, spoken or written. It would be an heroic task, but heroic tasks are
constantly being undertaken. My friend Osgood, of Princeton, a ripe scholar
and an ardent Johnsonian, has been devoting the scanty leisure of years to a
concordance of Spenser. No one less competent than he should undertake to
supervise such a labor of love.
It will be remembered that the Bible is not lacking in quotations, nor is
Shakespeare; but these sources of wisdom aside, Boswell, quoting Johnson,
supplies us more frequently with quotations than any other author whatever.
Could the irascible old Doctor come to earth again, and with that wonderful
memory of his call to mind the purely casual remarks which he chanced to
make to Boswell, he would surely be amazed to hear himself quoted, and to
learn that his obiter dicta had become fixed in the minds of countless
thousands who perhaps have never heard his name.
I chanced the other day to stop at my broker’s office to see how much I
had lost in an unexpected drop in the market, and to beguile the time,
picked up a market letter in which this sentence met my eye: “The
unexpected and perpendicular decline in the stock of Golden Rod mining
shares has left many investors sadder if not wiser. When will the public
learn that investors in securities of this class are only indulging themselves
in proving the correctness of Franklin’s [sic] adage, that the expectation of
making a profit in such securities is simply the triumph of hope over
experience?” Good Boswellians will hardly need to be reminded that this is
Dr. Johnson on marriage. He had something equally wise to say, too, on the
subject of “shares”; but in this instance he was speaking of a man’s second
venture into matrimony, his first having proved very unhappy.

Most men, when they write a book of memoirs in which hundreds of

living people are mentioned, discreetly postpone publication until after they
and the chief personages of the narrative are dead. Johnson refers to
Bolingbroke as a “cowardly scoundrel” for writing a book (charging a
blunderbuss, he called it) and leaving half a crown to a beggarly Scotchman
to pull the trigger after his death. Boswell spent some years in charging his
blunderbuss; he filled it with shot, great and small, and then, taking careful
aim, pulled the trigger.
Cries of rage, anguish, and delight instantly arose from all over the
kingdom. A vast number of living people were mentioned, and their merits
or failings discussed with an abandon which is one of the great charms of
the book to-day, but which, when it appeared, stirred up a veritable hornets’
nest. As some one very cleverly said, “Boswell has invented a new kind of
libel.” “A man who is dead once told me so and so”—what redress have
you in law? None! The only thing to do is to punch his head.
Fortunately Boswell escaped personal chastisement, but he made many
enemies and alienated some friends. Mrs. Thrale, by this time Mrs. Piozzi,
quite naturally felt enraged at Boswell’s contemptuous remarks about her,
and at his references to what Johnson said of her while he was enjoying the
hospitality of Streatham. The best of us like to criticize our friends behind
their backs; and Johnson could be frank, and indeed brutal, on occasion.
Mrs. Boscawen, the wife of the admiral, on the other hand, had no reason to
be displeased when she read: “If it is not presumptuous in me to praise her,
I would say that her manners are the best of any lady with whom I ever had
the happiness to be acquainted.”
Bishop Percy, shrewdly suspecting that Boswell’s judgment was not to
be trusted, when he complied with his request for some material for the
Life, desired that his name might not be mentioned in the work; to which
Boswell replied that it was his intention to introduce as many names of
eminent persons as he could, adding, “Believe me, my Lord, you are not the
only Bishop to grace my pages.” We may suspect that he, like many
another, took up the book with fear and trembling, and put it down in a
rage.
Wilkes, too, got a touch of tar, but little he cared; the best beloved and
the best hated man in England, he probably laughed, properly thinking that
Boswell could do little damage to his reputation. But what shall we say of
Lady Diana Beauclerk’s feelings when she read the stout old English epithet
which Johnson had applied to her. Johnson’s authorized biographer, Sir
John Hawkins, dead and buried “without his shoes and stawkin’s,” as the
old jingle goes, had sneered at Boswell and passed on; verily he hath his
reward. Boswell accused him of stupidity, inaccuracy, and writing fatiguing
and disgusting “rigmarole.” His daughter came to the rescue of his fame,
and Boswell and she had a lively exchange of letters; indeed Boswell, at all
times, seemed to court that which most men shrink from, a discussion of
questions of veracity with a woman.
But on the whole the book was well received, and over his success
Boswell exulted, as well he might; he had achieved his ambition, he had
written his name among the immortals. With its publication his work was
done. He became more and more dissipated. His sober hours he devoted to
schemes for self-reform and a revision of the text for future editions. He
was engaged on a third printing when death overtook him. The last words
he wrote—the unfinished letter to his old friend Temple—have already been
quoted. The pen which he laid down was taken up by his son, who finished
the letter. From him we learn the sad details of his death. He passed away
on May 19, 1795, in his fifty-fifth year.
Like many another man, Boswell was always intending to reform, and
never did. His practice was ever at total variance with his principles. In
opinions he was a moralist; in conduct he was—otherwise. Let it be
remembered, however, that he was of a generous, open-hearted, and loving
disposition. A clause in his will, written in his own hand, sheds important
light upon his character. “I do beseech succeeding heirs of entail to be kind
to the tenants, and not to turn out old possessors to get a little more rent.”
What were the contemporary opinions of Boswell? Walpole did not like
him, but Walpole liked few. Paoli was his friend; with Goldsmith and with
Garrick he had been intimate. Mrs. Thrale and he did not get along well
together; he could not bear the thought that she saw more of Johnson than
he, and he was jealous of her influence over him. Fanny Burney did not like
him, and declined to give him some information which he very naturally
wanted for his book, because she wanted to use it herself. Gibbon thought
him terribly indiscreet, which, compared with Gibbon, he certainly was.
Reynolds and he were firm friends—the great book is dedicated to Sir
Joshua.
Of Boswell, Johnson wrote during their journey in Scotland, “There is
no house where he is not received with kindness and respect”; and
elsewhere, “He never left a house without leaving a wish for his return”;
also, “He was a man who finds himself welcome wherever he goes and
makes friends faster than he can want them”; and “He was the best traveling
companion in the world.” If there is a greater test than this, I do not know it.
It is summering and wintering with a man in a month. Burke said of him
that “good humor was so natural to him as to be scarcely a virtue to him.” I
know many admirable men of whom this cannot be said.
Several years ago, being in Ayrshire, I found myself not far from
Auchinleck; and although I knew that Boswell’s greatest editor, Birkbeck
Hill, had experienced a rebuff upon his attempt to visit the old estate which
Johnson had described as “very magnificent and very convenient,” I
determined, out of loyalty to James Boswell, to make the attempt. I thought
that perhaps American nerve would succeed where English scholarship had
failed.
We had spent the night at Ayr, and early next morning I inquired the cost
of a motor-trip to take my small party over to Auchinleck; and I was careful
to pronounce the word as though spelled Afflek, as Boswell tells us to.
“To where, sir?”
“Afflek,” I repeated.
The man seemed dazed. Finally I spelled it for him, “A-u-c-h-i-n-l-e-c-
k.”
“Ah, sir, Auchinleck,”—in gutturals the types will not reproduce,—“that
would be two guineas, sir.”
“Very good,” I said; “pronounce it your own way, but let me have the
motor.”
We were soon rolling over a road which Boswell must have taken many
times, but certainly never so rapidly or luxuriously. How Dr. Johnson would
have enjoyed the journey! I recalled his remark, “Sir, if I had no duties and
no reference to futurity, I would spend my life driving briskly in a post-
chaise with a pretty woman.” Futurity was not bothering me and I had a
pretty woman, my wife, by my side. Moreover, to complete the Doctor’s
remark, she was “one who could understand me and add something to the
conversation.” We set out in high spirits.
As we approached the house by a fine avenue bordered by venerable
trees,—no doubt those planted by the old laird, who delighted in such work,
—my courage almost failed me; but I had gone too far to retire. To the
servant who responded to my ring I stated my business, which seemed
trivial enough.
I might as well have addressed a graven image. At last it spoke. “The
family are away. The instructions are that no one is to be admitted to the
house under pain of instant dismissal.”
Means elsewhere successful failed me here.
“You can walk in the park.”
 “Thanks, but I did not come to Scotland to walk in a park. Perhaps you
can direct me to the church where Boswell is buried.”
“You will find the tomb in the kirk in the village.”
Coal has been discovered on the estate, and the village, a mile or two
away, is ugly, and, to judge from the number of places where beer and
spirits could be had, their consumption would seem to be the chief
occupation of the population. I found the kirk, with door securely locked.
Would I try for the key at the minister’s? I would; but the minister was
away for the day. Would I try the sexton? I would; but he, too, was away,
and I found myself in the midst of a crowd of barefooted children who
embarrassed me by their profitless attentions. It was cold and it began to
rain. I remembered that we were not far from Greenock where “when it
does not rain, it snaws.”
My visit had not been a success, I cannot recommend a Boswell
pilgrimage. I wished that I was in London, and bethought me of Johnson’s
remark that “the noblest prospect in Scotland is the high-road that leads to
England.” On that high-road my party made no objection to setting out.
I once heard an eminent college professor speak disparagingly of
Boswell’s “Life of Johnson,” saying that it was a mere literary slop-pail into
which Boswell dropped scraps of all kinds—gossip, anecdotes and scandal,
literary and biographical refuse generally. I stood aghast for a moment; then
my commercial instinct awakened. I endeavored to secure this nugget of
criticism in writing, with permission to publish it over the author’s name. In
vain I offered a rate per word that would have aroused the envy of a
Kipling. My friend pleaded “writer’s cramp,” or made some other excuse,
and it finally appeared that, after all, this was only one of the cases where I
had neglected, in Boswell’s phrase, to distinguish between talk for the sake
of victory and talk with the desire to inform and illustrate. Against this
opinion there is a perfect chorus of praise rendered by a full choir.[11]
 SAMUEL JOHNSON
Painted by Sir J. Reynolds. Engraved by Heath

The great scholar Jowett confessed that he had read the book fifty times.
Carlyle said, “Boswell has given more pleasure than any other man of this
time, and perhaps, two or three excepted, has done the world greater
service.” Lowell refers to the “Life” as a perfect granary of discussion and
conversation. Leslie Stephen says that his fondness for reading began and
would end with Boswell’s “Life of Johnson.” Robert Louis Stevenson
wrote: “I am taking a little of Boswell daily by way of a Bible. I mean to
read him now until the day I die.” It is one of the few classics which is not
merely talked about and taken as read, but is constantly being read; and I
love to think that perhaps not a day goes by when some one, somewhere,
does not open the book for the first time and become a confirmed
Boswellian.
 “What a wonderful thing your English literature is!” a learned Hungarian
once said to me. “You have the greatest drama, the greatest poetry, and the
greatest fiction in the world, and you are the only nation that has any
biography.” The great English epic is Boswell’s “Life of Johnson.”
 VII

A LIGHT-BLUE STOCKING
SOMETIME, when seated in your library, as it becomes too dark to read and
is yet too light,—to ring for candles, I was going to say, but nowadays we
simply touch a button,—let your thoughts wander over the long list of
women who have made for themselves a place in English literature, and see
if you do not agree with me that the woman you would like most to meet in
the flesh, were it possible, would be Mrs. Piozzi, born Hester Lynch
Salusbury, but best known to us as Mrs. Thrale.
Let us argue the matter. It may at first seem almost absurd to mention the
wife of the successful London brewer, Henry Thrale, in a list which would
include the names of Fanny Burney, Jane Austen, George Eliot, the Brontës,
and Mrs. Browning; but the woman I have in mind should unite feminine
charm with literary gifts: she should be a woman whom you would honestly
enjoy meeting and whom you would be glad to find yourself seated next to
at dinner.
 The men of the Johnsonian circle affected to love “little Burney,” but
was it not for the pleasure her “Evelina” gave them rather than for anything
in the author herself? According to her own account, she was so easily
embarrassed as to be always “retiring in confusion,” or “on the verge of
swooning.” It is possible that we would find this rather limp young lady a
trifle tiresome.
Jane Austen was actually as shy and retiring as Fanny Burney affected to
be. She could hardly have presided gracefully in a drawing-room in a
cathedral city; much less would she have been at home among the wits in a
salon in London.
Of George Eliot one would be inclined to say, as Dr. Johnson said of
Burke when he was ill, “If I should meet Burke now it would kill me.”
Perhaps it would not kill one to meet George Eliot, but I suspect few men
would care for an hour’s tête-à-tête with her without a preliminary oiling of
their mental machinery—a hateful task.
The Brontës were geniuses undoubtedly, particularly Emily, but one
would hardly select the author of “Wuthering Heights” as a companion for a
social evening.
Mrs. Browning, with her placid smile and tiresome ringlets, was too
deeply in love with her husband. After all, the woman one enjoys meeting
must be something of a woman of the world. She need not necessarily be a
good wife or mother. We are provided with the best of wives and at the
moment are not on the lookout for a good mother.
It may at once be admitted that as a mother Mrs. Thrale was not a
conspicuous success; but she was a woman of charm, with a sound mind in
a sound body. Although she could be brilliant in conversation, she would let
you take the lead if you were able to; but she was quite prepared to take it
herself rather than let the conversation flag; and she must have been a very
exceptional woman, to steady, as she did, a somewhat roving husband, to
call Dr. Johnson to order, and upon occasion to reprove Burke, even while
entertaining the most brilliant society of which London at the period could
boast.
At the time when we first make her acquaintance, she was young and
pretty, the mistress of a luxurious establishment; and if she was not
possessed of literary gifts herself, it may fairly be said that she was the
cause of literature in others.
In these days, when women, having everything else, want the vote also
(and I would give it to them promptly and end the discussion), it may be
suggested that to shine by a reflected light is to shine not at all. Frankly,
Mrs. Thrale owes her position in English letters, not to anything important
that she herself did or was capable of doing, but to the eminence of those
she gathered about her. But her position is not the less secure; she was a
charming and fluffy person; and as firmly as I believe that women have
come to stay, so firmly am I of the opinion that, in spite of all the well-
meaning efforts of some of their sex to prevent it, a certain, and, thank God,
sufficient number of women will stay charming and fluffy to the end of the
chapter.
On one subject only could Mrs. Thrale be tedious—her pedigree. I have
it before me, written in her own bold hand, and I confess that it seems very
exalted indeed. She would not have been herself had she not stopped in
transcribing it to relate how one of her ancestors, Katherine Tudor de
Berayne, cousin and ward of Queen Elizabeth and a famous heiress, as she
was returning from the grave of her first husband, Sir John Salusbury, was
asked in marriage by Maurice Wynne of Gwydir, who was amazed to learn
that he was too late, as she had already engaged herself to Sir Richard
Clough. “But,” added the lady, “if in the providence of God I am
unfortunate enough to survive him, I consent to be the lady of Gwydir.” Nor
does the tale end here, for she married yet another, and having sons by all
four husbands, she came to be called “Mam y Cymry,”—Mother of Wales,
—and no doubt she deserved the appellation.
With such marrying blood in her veins it is easily understood that, as
soon as Thrale’s halter was off her neck,—this sporting phrase, I regret to
say, is Dr. Johnson’s,—she should think of marrying again; and that having
the first time married to please her family, she should, at the second
venture, marry to please herself. But this chapter is moving too rapidly—the
lady is not yet born.

Hester Lynch Salusbury’s birthplace was Bodvel, in Wales, and the year,
1741. She was an only child, very precocious, with a retentive memory. She
soon became the plaything of the elderly people around her, who called her
“Fiddle.” Her father had the reputation of being a scamp, and it fell to her
uncle’s lot to direct, somewhat, her education. Handed from one relation to
another, she quickly adapted herself to her surroundings. Her mother taught
her French; a tutor, Latin; Quin, the actor, taught her to recite; Hogarth
painted her portrait; and the grooms of her grandmother, whom she visited
occasionally, made her an accomplished horsewoman. In those days
education for a woman was highly irregular, but judging from the results in
the case of Mrs. Thrale and her friends, who shall say that it was
ineffective? We have no Elizabeth Carters nowadays, good at translating
Epictetus, and—we have it on high authority—better at making a pudding.
Study soon became little Hester’s delight. At twelve years she wrote for
the newspapers; also, she used to rise at four in the morning to study, which
her mother would not have allowed had she known of it. I have a letter
written many years afterwards in which she says: “My mother always told
me I ruined my Figure and stopt my Growth by sitting too long at a Writing
Desk, though ignorant how much Time I spent at it. Dear Madam, was my
saucy Answer,—

“Tho’ I could reach from Pole to Pole

And grasp the Ocean with my Span,
I would be measur’d by my Soul.
The Mind’s the Standard of the Man.”

She is quoting Dr. Watts from memory evidently, and improving, perhaps,
upon the original.
But little girls grow up and husbands must be found for them. Henry
Thrale, the son of a rich Southwark brewer, was brought forward by her
uncle; while her father, protesting that he would not have his only child
exchanged for a barrel of “bitter,” fell into a rage and died of an apoplexy.
Her dot was provided by the uncle; her mother did the courting, with little
opposition on the part of the lady and no enthusiasm on the part of the
suitor. So, without love on either side, she being twenty-two and her
husband thirty-five, she became Mrs. Thrale. “My uncle,” she records in her
journal, “went with us to the church, gave me away, dined with us at
Streatham after the ceremony, and then left me to conciliate as best I could
a husband who had never thrown away five minutes of his time upon me
unwitnessed by company till after the wedding day was done.”

More happiness came from this marriage than might have been expected.
Henry Thrale, besides his suburban residence, Streatham, had two other
establishments, one adjoining the brewery in Southwark, where he lived in
winter, and another, an unpretentious villa at the seaside. He also
maintained a stable of horses and a pack of hounds at Croydon; but,
although a good horsewoman, Mrs. Thrale was not permitted to join her
husband in his equestrian diversions; indeed, her place in her husband’s
establishment was not unlike that of a woman in a seraglio. She was
allowed few pleasures, and but one duty was impressed upon her, namely,
that of supplying an heir to the estate; to this duty she devoted herself
unremittingly.
In due time a child was born, a daughter; and while this was of course
recognized as a mistake, it was believed to be one which could be corrected.
Meanwhile Thrale was surprised to find that his wife could think and
talk—that she had a mind of her own. The discovery dawned slowly upon
him, as did the idea that the pleasure of living in the country may be
enhanced by hospitality. Finally the doors of Streatham Park were thrown
open. For a time her husband’s bachelor friends and companions were the
only company. Included among these was one Arthur Murphy, who had
been un maître de plaisir to Henry Thrale in the gay days before his
marriage, when they had frequented the green rooms and Ranelagh
together. It was Murphy who suggested that “Dictionary Johnson” might be
secured to enliven a dinner-party, and then followed some discussion as to
the excuse which should be given Johnson for inviting him to the table of
the rich brewer. It was finally suggested that he be invited to meet a minor
celebrity, James Woodhouse, the shoemaker poet.
Johnson rose to the bait,—Johnson rose easily to any bait which would
provide him a good dinner and lift him out of himself,—and the dinner
passed off successfully. Mrs. Thrale records that they all liked each other so
well that a dinner was arranged for the following week, without the
shoemaker, who, having served his purpose, disappears from the record.
And now, and for twenty years thereafter, we find Johnson enjoying the
hospitality of the Thrales, which opened for him a new world. When he was
taken ill, not long after the introduction, Mrs. Thrale called on him in his
stuffy lodgings in a court off Fleet Street, and suggested that the air of
Streatham would be good for him. Would he come to them? He would. He
was not the man to deny himself the care of a young, rich, and charming
woman, who would feed him well, understand him, and add to the joys of
conversation. From that time on, whether at their residence in Deadman’s
Place in Southwark, or at Streatham, or at Brighton, even on their journeys,
the Thrales and Johnson were constantly together; and when he went on a
journey alone, as was sometimes the case, he wrote long letters to his
mistress or his master, as he affectionately called his friends.
Who gained most by this intercourse? It would be hard to say. It is a fit
subject for a debate, a copy of Boswell’s “Life of Johnson” to go to the
successful contestant. Johnson summed up his obligations to the lady in the
famous letter written just before her second marriage, probably the last he
ever wrote her. “I wish that God may grant you every blessing, that you
may be happy in this world ... and eternally happy in a better state; and
whatever I can contribute to your happiness I am ready to repay for that
kindness which soothed twenty years of a life radically wretched.”
On the other hand, the Thrales secured what, perhaps unconsciously,
they most desired, social position and distinction. At Streatham they
entertained the best, if not perhaps the very highest, society of the time.
Think for a moment of the intimates of this house, whose portraits, painted
by Reynolds, hung in the library. There were my Lords Sandys and
Westcote, college friends of Thrale; there were Johnson and Goldsmith;
Garrick and Burke; Burney, and Reynolds himself, and a number of others,
all from the brush of the great master; and could we hear the voices which
from time to time might have been heard in the famous room, we should
recognize Boswell and Piozzi, Baretti, and a host of others; and would it be
necessary for the servant to announce the entrance of the great Mrs.
Siddons, or Mrs. Garrick, or Fanny Burney, or Hannah More, or Mrs.
Montagu, or any of the other ladies who later formed that famous coterie
which came to be known as the Blue-Stockings?
But Johnson was the Thrales’ first lion and remained their greatest. He
first gave Streatham parties distinction. The master of the house enjoyed
having the wits about him, but was not one himself. Johnson said of him
that “his mind struck the hours very regularly but did not mark the
minutes.” It was his wife who, by her sprightliness and her wit and
readiness, kept the ball rolling, showing infinite tact and skill in drawing
out one and, when necessary, repressing another; asking—when the Doctor
was not speaking—for a flash of silence from the company that a newcomer
might be heard.
But I am anticipating. All this was not yet. A salon such as she created at
Streatham Park is not the work of a month or of a year.
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