Item 108 - Letter from F. W. Maitland to Henry Sidgwick

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Add. MS c/94/108

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Letter from F. W. Maitland to Henry Sidgwick

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  • 5 May [ ] (Creation)

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2 docs: 1 letter and 1 typewritten extract

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Gladly accepts Sidgwick's invitation for Wednesday the 13th. Informs him that his dealings with [John?] Austin are 'very delightful' to him, because Sidgwick 'will deprive him of his terror.' Refers to an accompanying extract, which poses questions on the definition of legal rights [included, 108/2]. Discusses a scenario where a father (having means) omits to supply a young child with food to the damage of the child's health, and asks whether the child has a right. Also refers to the Statute of Limitations in relation to creditors and debtors. Concludes by saying that he is 'trying to avoid 'right' as much as possible and to speak always of duty.'

Typewritten extract [108/1]. Begins with a quote from Lord Chief Justice Holt, and asks if the statement is either true or a truism. Three statements are given that involve rights and remedies: the first involves a wealthy father who omits to supply a young child with sufficient food, and as a consequence the child falls ill; the question is asked whether any right has been infringed; the second states that the Statute of Limitations is sometimes said not to take away the creditor's right, but merely bars his remedy; the third quotes the maxim 'There is no right without a remedy', and asks whether it has been applied in English courts.

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