A Treatise on the Specific Performance of Contracts

Front Cover
W.C. Little & Company, 1884 - Contracts - 804 pages
 

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Contents

Tort trust and contract
30
Incapacity of court to execute contract 85
36
Vendor not bailiff to purchaser 645
40
Contract to make siding
42
Vendor working mine
47
Present practice
48
From what time interest runs
53
CHAPTER III
55
Alternative form not conclusive
61
Completeness to be considered
62
PARTIES TO THE ACTION
66
Exceptions to the general rule
72
Adverse claimants
78
The practice discretionary 602
79
Dictum of Lord West bury
82
Vendor plaintiff
88
Assignment by way of mortgage
95
Public trust
101
CHAPTER V
107
CHAPTER VI
113
Cases where agent a proper party
119
The proper practice in such cases
120
Their general engagements
126
Negotiation is not contract
132
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
Price agreed on 83
184
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
Illegality a bar to performance of a contract
222
Awards
228
Limitation of the discussion
235
Reference te the former practice
241
By pleading the statute specially
243
Treaty only
249
Incidental introduction of name for different purpose
255
Essentials of a valid ratification
262
To terms in writing
268
Ordinary sale by auction
274
Marriage contract
280
No relief where refusal to perform is no fraud
287
Particular acts as partperformance
290
Depositwhen paid 059
296
Why not an act of partperformance
297
Preparatory acts 80 i
303
CHAPTER XII
309
Effect of a misrepresentation 818
316
Purchaser on faith of prospectus not received from its authors
323
Resort to other means of knowledge
329
Misrepresentation as to lease
335
OF FRAUD
337
Mere silence generally permissible in either party
343
Sections 5 6
349
Restitution rendered impossible by act of third person
355
Consideration a future act
405
Negative stipulation implied
413
Negative implied in charterparty
414
OF DEFECT IN THE SUBJECT MATTER OF THE CONTRACT
421
CHAPTER XVIII
427
Voluntary settlor plaintiff
432
Nature of the doubt
433
Dictum of Leach V C observed upon
438
Registered land 81
439
Destruction of subjectmatter of contract
444
Failure or winding up of company
450
The performance of pant
454
Substantial part performed
461
CHAPTER XXI
467
Breach trivial or waived
470
Condition express or implied
476
Sale of wifes estate
482
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
Time in some respects of the essence
521
Laches a bar to relief
527
Where purchaser was plaintiff
532
Leaving deposit
533
OF THE MODE OF EXERCISING THE JURISDICTION
538
CHAPTER II
544
PART VI
545
Waiver decided at the trial
547
Acts inconsistent with the contract
549
CHAPTER IV
555
Reasonable clearness requisite
560
Inconvenient requisition
566
The principle stated by Lord Thurlow
572
Such defect must be visible
578
Material misdescription
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
Contract treated as subsisting
617
What are questions of title
623
Certificate referred back
629
Costs
630
Application of the general principles 686
636
Analogies with Lord Cottenhams decisions
642
OF SOME CONTRACTS IN PARTICULAR
664
Result of the authorities 384
670
The duty of procuring registration
675
Reenacted by subsequent statutes
680
CHAPTER III
681
The Merchant Shipping Act 1854
686
CHAPTER VI
692
Award excessive or defective
698
OF CONTRACTS TO REFER TO ARBITRATION
699
ADDITIONAL NOTE
707
Misconduct of valuer 698
713
Certificate against the title 629
717
Chattels not unique but of peculiar importance 83
718

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Common terms and phrases

Popular passages

Page 549 - 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...
Page 692 - ... 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 111 - ... 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.
Page 308 - Any contract which, if made between private persons, would be by law required to be in writing and...
Page 341 - 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...
Page 168 - 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.
Page 375 - 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.
Page 382 - 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.
Page 636 - 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.
Page 682 - 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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