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 |
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Page 631
... stipulation in the agreement ; and he has maintained ( f ) 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 ( f ) 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 Innocent misrepresentation in 728 equity 730 ...... No rescission for ...
... 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 Innocent misrepresentation in 728 equity 730 ...... No rescission for ...
Page 640
... stipulations are unlawful ... .......... Sale of pretenced right or title .. 774 Sales made void or unenforceable ... Stipulations in unreasonable re- straint of trade perty parted with under an illegal contract cannot be re- covered 778 ...
... stipulations are unlawful ... .......... Sale of pretenced right or title .. 774 Sales made void or unenforceable ... Stipulations in unreasonable re- straint of trade perty parted with under an illegal contract cannot be re- covered 778 ...
Page 646
... stipulation Express agreement to compensate for errors ..... PAGE 922 .......... 922 Warranty of quality ... 923 Collateral agreement restrictive of the use of land or to lay out money thereon 923 913 .... Breach of an implied ...
... stipulation Express agreement to compensate for errors ..... PAGE 922 .......... 922 Warranty of quality ... 923 Collateral agreement restrictive of the use of land or to lay out money thereon 923 913 .... Breach of an implied ...
Page 649
... stipulation is to cove- nant to do some act .. Where the stipulation is for the plaintiff's benefit and is unper- formed through the defendant's default 993 993 Court may have regard to con- siderations not attended to at law .... 988 ...
... stipulation is to cove- nant to do some act .. Where the stipulation is for the plaintiff's benefit and is unper- formed through the defendant's default 993 993 Court may have regard to con- siderations not attended to at law .... 988 ...
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Common terms and phrases
action affirmed agent agreement alienation appears applied assurance authorised authority Bank of England Beav breach cestui-que-trust charge 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 fee simple feme sole fraud fraudulent ground incumbrances induced infant instrument land sold Land Transfer Rules lease legal estate liability lien Litt marriage married woman ment misrepresentation mistake mortgage notice obligation party payment Perf person plaintiff power of sale principal purchase money purchaser's Real Prop recover rectification registered land representation rescind the contract rescission restitutio in integrum sale of land separate property specific performance Stat statute Statute of Frauds stipulation therein thereof tion tract Transfer Rules 1903 ubi sup undue influence valid vendor Vict void voidable wife
Popular passages
Page 958 - ... such as may fairly and reasonably be considered either arising naturally, ie 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 861 - Any contract which, if made between private persons, would be by law required to be in writing', and if made according to English law to be under seal, may be made on behalf of the company in writing under the common seal of the company...
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 861 - ... writing, and signed by the parties to be charged therewith may be made on behalf of the Company in writing signed by any person acting under the express or implied authority of the Company, and such Contract Uiay be in the same manner varied or discharged. (3.) Any contract, which, if made...
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 942 - A submission, unless a contrary intention is expressed therein, shall be irrevocable, except by leave of the Court or a judge', and shall have the same effect in all respects as if it had been made an order of Court.
Page 828 - Every woman who marries after the commencement of this Act shall be entitled to have and to hold as her separate property and to dispose of in manner aforesaid all real and personal property which shall belong to her at the time of marriage, or shall be acquired by or devolve upon her after marriage...
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...