A Treatise on the Law of Vendor and Purchaser of Real Estate and Chattels Real: Intended for the Use of Conveyancers of Either Branch of the Profession, 2. köideSweet and Maxwell, 1906 - 1143 pages |
From inside the book
Results 1-5 of 72
Page 631
... stipulation in the agreement ; and he has maintained ( ƒ ) that in this case , as in all other cases of rescission , the rule is that it must be accompanied by restitutio in integrum . An exception however occurs with regard to a ...
... stipulation in the agreement ; and he has maintained ( ƒ ) that in this case , as in all other cases of rescission , the rule is that it must be accompanied by restitutio in integrum . An exception however occurs with regard to a ...
Page 638
... stipulations 724 725 Equitable rules as to fraud or mis- representation inducing con- tract .... 728 Contract induced by fraud might be set aside in equity 728 Innocent misrepresentation in equity .... 730 No rescission for innocent ...
... stipulations 724 725 Equitable rules as to fraud or mis- representation inducing con- tract .... 728 Contract induced by fraud might be set aside in equity 728 Innocent misrepresentation in equity .... 730 No rescission for innocent ...
Page 640
... stipulations are unlawful .... Sale of pretenced right or title .. 774 Sales made void or unenforceable , but not ... Stipulations in unreasonable re- straint of trade Exceptions to the rule that pro- perty parted with under an illegal ...
... stipulations are unlawful .... Sale of pretenced right or title .. 774 Sales made void or unenforceable , but not ... Stipulations in unreasonable re- straint of trade Exceptions to the rule that pro- perty parted with under an illegal ...
Page 646
... stipulation 922 .......... Express agreement to compensate for errors .. 922 Warranty of quality .... 923 Collateral agreement restrictive of the use of land or to lay out money thereon Breach of an implied collateral obligation ... 923 ...
... stipulation 922 .......... Express agreement to compensate for errors .. 922 Warranty of quality .... 923 Collateral agreement restrictive of the use of land or to lay out money thereon Breach of an implied collateral obligation ... 923 ...
Page 649
... stipulation is to cove- nant to do some act . 993 987 The remedy is purely equitable . Lies in the judicial discretion of the Court 987 988 Where the stipulation is for the plaintiff's benefit and is unper- formed through the ...
... stipulation is to cove- nant to do some act . 993 987 The remedy is purely equitable . Lies in the judicial discretion of the Court 987 988 Where the stipulation is for the plaintiff's benefit and is unper- formed through the ...
Contents
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Other editions - View all
Common terms and phrases
affirmed agent agreement alienation appears applied authorised authority avoid Bank of England Beav breach breach of contract cited claim common law consent convey conveyance corporation Court Courts of Equity coverture damages deed defendant discharged enforce entitled equity estate or interest estopped estoppel executed exercise Expte fact fee simple feme sole formance fraud fraudulent ground incumbrances induced infant intention land sold Land Transfer Rules lease legal estate liability lien Litt marriage married woman ment misrepresentation mistake mortgage obligation payment Perf person plaintiff principal purchase money purchaser's Real Prop recover rectification registered land representation rescind the contract rescission restitutio in integrum sale of land separate property Smith specific performance Stat statute Statute of Frauds stipulation therein thereof tion tract trustee ubi sup undue influence valid Vict void voidable wife
Popular passages
Page 958 - ... such as may fairly and reasonably be considered either arising naturally — that is, according to the usual course of things from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.
Page 796 - That no Action shall be maintained whereby to charge any Person upon any Promise made after full Age to pay any Debt contracted during Infancy, or upon any Ratification after full Age...
Page 795 - All contracts, whether by specialty or by simple contract, henceforth entered into by infants for the repayment of money lent or to be lent, or for goods supplied or to be supplied (other than contracts for necessaries) , and all accounts stated with infants, shall be absolutely void...
Page 840 - A married woman shall be capable of entering into and rendering herself liable in respect of and to the extent of her separate property on any contract...
Page 822 - Notwithstanding that a married woman is restrained from anticipation, the Court may, if it thinks fit, where it appears to the Court to be for her benefit, by judgment or order, with her consent, bind her interest in any property.
Page 704 - ... 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.
Page 860 - ... Contracts on behalf of a company may be made as follows :— (a) A contract which if made...
Page 813 - Real and personal property of every description may be taken, acquired, held, and disposed of by an alien in the same manner in all respects as by a natural-born British subject ; and a title to real and personal property of every description" may be derived through, from, or in succession to an alien in the same manner in all respects as through, from, or in succession to a natural-born British subject...
Page 963 - ... the difference between the contract price and the value of the land at the time of the breach...
Page 828 - Act, be capable of acquiring, holding, and disposing by will or otherwise, of any real or personal property as her separate property, in the same manner as if she were a feme sole, without the intervention of any trustee.