Date: Thu, 8 Nov 2007 18:00

From: Donald Macdonald

Subject: Lost quote

"Mr Justice Cave has been distinguished on the bench by the readiness with which he fell asleep, and his vigour when he was awake ..." (Scottish Law Review, "Notes From London", 1897, at 242, noting his retirement which was clearly felt overdue. He died shortly after.)

Ross Macdonald

>>> "Stephen Smith, Prof." 08/11/2007 17:41 >>>

The quote might be from Horwood v Millar's Timber & Trading [1917] 1 KB, where Lord Cozens-Hardy invalidated a contractual stipulation that a debtor not change his residence or employment, part with any possessions, or incur any moral or legal obligations, stating at 311:

It is no answer to say that an adult man, as to whom undue pressure is not shown to have been exercised, ought to be allowed to enter into any contract he thinks fit affecting his liberty of action ... No one has a right to deal with a man's liberty of actions as well as his property.

Of course this does not cover bodily integrity or reputation.

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