A Treatise on the Specific Performance of Contracts

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W.C. Little & Company, 1884 - 804페이지

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Lord Cairns Act
41
Where no right to property affected
47
Equity acts against the person
48
CHAPTER III
55
Alternative form not conclusive
61
PARTIES TO THE ACTION
66
Exceptions to the general rule
72
Voluntary settlement
78
OF A STRANGER TO THE CONTRACT
82
Reenacted by subsequent statutes
85
CHAPTER III
88
Assignment by way of mortgage
95
Pothier on error in regard to the person contracted with
98
Effect of notice in cases of executed contracts
105
Doubts thrown on the doctrine
111
Completeness to be considered
112
Agents not generally parties
117
The proper practice in such cases
120
Their general engagements
126
Negctiation is not contract
132
The Roman law 385
133
Nugatory variations
138
Acceptance by acts
144
Subsequent settlement silent as to promise
150
Completeness fairness and certainty how to be explained
156
Pleading
159
Difficulty occasioned by defendants default
165
Implication as to usual stipulations
171
Instances of uncertain contracts
177
OF THE WANT OF FAIRNESS IN THE CONTRACT
181
Fairness of surrounding circumstances
187
CHAPTER VI
193
Forfeiture a circumstance of hardship
199
Liability disregarded
200
Mere inadequacy not a defense
206
Sale by auction
212
Contract in deep poll
219
OF THE ILLEGALITY OF THE CONTRACT
222
Awards
228
Limitation of the discussion
235
How the defense may be raised
241
By pleading the statute specially
243
Treaty only
249
Incidental introduction of name for different purpose
255
Ratification 239
261
There must be a reference 287
268
Ordinary sale by auction
274
Marriage contract
280
No relief where refusal to perform is no fraud
287
Particular acts as partperformance
290
Why not an act of partperformance
296
Surrender of lease
303
CHAPTER XII
309
OF MISREPRESENTATION
313
Misrepresentation by agent in common law actions
320
Vendors statements must be unambiguous
327
Analogy with warranties
333
Fraud is a larger word than misrepresentation
337
Mere silence generally permissible in either party
343
Sections 5 6
349
Restitution rendered impossible by act of third person
355
Mistake sometimes but not always a bar to performance
361
Instances of variation
372
Negative implied in charterparty
414
CHAPTER XVII
421
CHAPTER XVIII
427
Voluntary settlor plaintiff
432
Dictum of Leach V C observed upon
438
Sometimes a defense
446
Such contracts void at common
452
Plaintiff must show performance and willingness to perform
453
Substantial part performed
461
CHAPTER XXI
467
Instances
469
CHAPTER XXII
475
Illustrations of the principle
481
Instances
483
Modeling confined to formal matters
484
The principle of these cases
490
Cases at common law
496
Where possession adverse 290
498
Express power to rescind
501
Vendor entitled to rescind 596
502
Impossibility must be in a substantial part
507
When time is of the essence
513
Patents
519
Contract by sons to divide what they might receive from their father
520
Time in some respects of the essence
521
Laches a bar to relief
527
Leaving deposit
533
Action properly commenced in Queens Bench Division
539
Contract containing express negative terms
545
Acts inconsistent with the contract
549
CHAPTER IV
555
Reasonable clearness requisite
560
Inconvenient requisition
566
The principle stated by Lord Thurlow
572
The vendors position in such cases
579
Modern application of the principle
585
Enforcement of contract inequitable
591
Right to compensation abrogated by terms of contract
596
Present powers of the court
602
CHAPTER IV
609
Waiver of the right
615
Implied waiver
616
What are questions of title
623
Costs
630
Application of the general principles
636
Analogies with Lord Cottenhams decisions
642
Vendor not bailiff to purchaser
645
Profit made on appropriated purchasemoney
651
CHAPTER VI
659
ontracts off the stock exchange
665
No contract with intermediate purchasers
671
Patent defect
677
CHAPTER III
681
Contracts avoided by noncompliance
686
CHAPTER VI
692
Award excessive or defective
698
OF CONTRACTS TO REFER TO ARBITRATION
699
ADDITIONAL NOTE
707
Misconduct of valuer 698
713
The Act 4 Geo IV c 41 s 29
716
Such defect must be visible 578
722
Registered land 81
728

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549 페이지 - A mandamus or an injunction may be granted or a receiver appointed by an interlocutory Order of the Court in all cases in which it shall appear to the Court to be just or convenient that such Order should be made...
692 페이지 - ... all such remedies whatsoever as any of the parties thereto may appear to be entitled to in respect of any and every legal or equitable claim properly brought forward by them respectively in such cause or matter; so that, as far as possible, all matters so in controversy between the said parties respectively may be completely and finally determined, and all multiplicity of legal proceedings concerning any of such matters avoided.
111 페이지 - ... 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.
308 페이지 - Any contract which, if made between private persons, would be by law required to be in writing and...
341 페이지 - Every prospectus of a company and every notice inviting persons to subscribe for shares in any joint stock company, shall specify the dates and the names of the parties to any contract entered into by the company or the promoters, directors, or trustees thereof before the issue of such prospectus or notice, whether subject to adoption by the directors...
168 페이지 - 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.
375 페이지 - 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.
382 페이지 - 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.
636 페이지 - To me it seems manifestly unjust and inequitable thus to appropriate to one man the property and money of another, who is in no default. The argument, I am aware, is that the moment the house is built it belongs to the owner of the land by mere operation of law ; and that he may certainly possess and enjoy his own. But this is merely stating the technical rule of law, by which the true owner seeks to hold what, in a just sense, he never had the slightest title to, that is, the house.
682 페이지 - Partner in a House actually carrying on Business in the United Kingdom or in some other Place within Her Majesty's Dominions...

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