A Treatise on the Specific Performance of ContractsStevens and Sons, 1911 - 895 sider |
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Andre utgaver - Vis alle
TREATISE ON THE SPECIFIC PERFO William Donaldson 1846-1920 Rawlins,Edward Sir Fry, 1827-1918,Benjamin 1849-1935 Russell Ingen forhåndsvisning tilgjengelig - 2016 |
TREATISE ON THE SPECIFIC PERFO William Donaldson 1846-1920 Rawlins,Benjamin 1849-1935 Russell Ingen forhåndsvisning tilgjengelig - 2016 |
Vanlige uttrykk og setninger
acceptance affirmed agent agreed agreement alleged ance arise Barrister-at-Law Beav bill binding breach chaser chattel circumstances cloth Common Law compensation considered contract to sell conveyance Court of Chancery Court of Equity covenant damages decree deed default defendant Demy 8vo doctrine Earl Eastern Counties Railway Edition entered entitled Equity evidence execution fact formance Grant M.R. ground held House of Lords infra injunction Inner Temple interest judgment jurisdiction L. J. Ch land lease lessee liable London Lord Cottenham Lord Cranworth Lord Eldon Lord Romilly M.R. ment mistake notice objection parol party payment person plaintiff possession Price principle purchase-money purchaser question referred relief rent rescind rescission respect Royal 8vo rule Smith sold solicitor specific performance Statute of Frauds stipulation subject-matter subsequent suit supra tenant tion tract trustee Turner vendor Vict
Populære avsnitt
Side 163 - Under a contract to grant or assign a term of years, whether derived or to be derived out of a freehold or leasehold estate, the intended lessee or assign shall not be entitled to call for the title to the freehold.
Side 290 - Any contract which if made between private persons would by law be valid although made by parol only, and not reduced into writing, may be made by...
Side 574 - If a man, having partial interests in an estate, chooses to enter Into a contract, representing it, and agreeing to sell It as his own, It is not competent to him afterwards to say, though he has valuable Interests, he has not the entirety ; and therefore the purchaser shall not have the benefit of his contract For the purpose of this Jurisdiction, the person contracting under...
Side 288 - English law to be under seal, may be made on behalf of the company in writing under the common seal of the, company...
Side 108 - ... that where such an agreement is made, it is competent to show that one or both of the contracting parties were agents for other persons, and acted as such agents in making the contract, so as to give the benefit of the contract on the one hand to, and charge with liability on the other, the unnamed principals; and this, whether the agreement be or be not required to be in writing by the statute of frauds; and this evidence in no way contradicts the written agreement.
Side 359 - No doubt but this court has jurisdiction to relieve in respect of a plain mistake in contracts in writing as well as against frauds in contracts; so that if reduced into writing contrary to the intent of the parties, on proper proof, that would be rectified.
Side 185 - ... (2) No sale made by a trustee shall, after the execution of the conveyance, be impeached as against the purchaser upon the ground that any of the conditions subject to which the sale was made may have been unnecessarily depreciatory, unless it appears that the purchaser was acting in collusion with the trustee at the time when the contract for sale was made.
Side 405 - ... have been duly performed and observed up to the date of actual completion of the purchase.
Side 21 - In any action for breach of contract to deliver specific or ascertained goods, the Court may if it thinks fit, on the application of the plaintiff, by its judgment direct that the contract shall be performed specifically, without giving the defendant the option of retaining the goods on payment of damages...
Side 363 - Private right of ownership is a matter of fact ; it may be the result also of matter of law, but if parties contract under a mutual mistake and misapprehension as to their relative and respective rights, the result is that the agreement is liable to be set aside as having proceeded upon a common mistake.