Supplement to the Law of Contract During War, With Recent Cases, Statutes, And Orders in Council

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It applies to any sum of money due and payable in pursuance of any contract made before the outbreak of war, i.e., before 4th August, 1914 ; but in case of life or endowment policies it will not apply, unless (a) they are for an amount not exceeding £25, or payments equivalent thereto, and (b) the premiums in respect of such are payable at not longer than monthly intervals, and (c) such premiums have been paid for at least the two years preceding 4th August, 1914.
In Emmanuel College (Cambridge
...) v. Nobbs, 1914, 137 L.T.
567, a County Court case, His Honour, Judge Mulligan, K.C., observed that the Legislature had " forgotten to define " the sums of money, to which sub-section (1) of section (1) applies ; and he proceeded to say that " the Courts will either have to " add words to the Act, that is to say, to legislate, or they will " have to leave the Act almost wholly inoperative." But surely the meaning seems obvious. When it is said that the sub- section " shall not apply " to certain cases, it must be taken to apply to all others; and the practice has been to adopt this common-sense interpretation.


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