A Practical Treatise on the Law Relating to the Specific Performance of Contracts (Classic Reprint) - Softcover

Batten, Edmund Chisholm

 
9781330787403: A Practical Treatise on the Law Relating to the Specific Performance of Contracts (Classic Reprint)

Inhaltsangabe

Excerpt from A Practical Treatise on the Law Relating to the Specific Performance of Contracts

The Common Law of England does not accord in this respect with the rules of natural justice. The party in whose favour an executory agreement is made, is entitled by the Common Law to damages only, in the event of its being unperformed (a).

Thus if a man covenant to settle his lands upon his marriage, or to convey them for a valuable con sidera tion; the covenantee, at common law, can only recover damages for the breach of such covenant, and has no remedy there, to enforce the settlement or conveyance of the lands themselves.

About the Publisher

Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com

This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

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Reseña del editor

Excerpt from A Practical Treatise on the Law Relating to the Specific Performance of Contracts

The Common Law of England does not accord in this respect with the rules of natural justice. The party in whose favour an executory agreement is made, is entitled by the Common Law to damages only, in the event of its being unperformed (a).

Thus if a man covenant to settle his lands upon his marriage, or to convey them for a valuable con sidera tion; the covenantee, at common law, can only recover damages for the breach of such covenant, and has no remedy there, to enforce the settlement or conveyance of the lands themselves.

About the Publisher

Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com

This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Reseña del editor

Excerpt from A Practical Treatise on the Law Relating to the Specific Performance of Contracts

The Law relating to the Specific Performance of Contracts has not been separately treated of by any legal writer. It has of course occupied a place in works on the general system of Equity Jurisprudence, and one branch of it, that relating to Contracts of Sale, has been dealt with by Sir Edward Sugden; but with the exception of a Treatise by Mr. Newland, published so long ago as 1810, no work exists, any considerable portion of which is devoted to the subject.

The Author has, therefore, considered that a Treatise which should exhibit a connected view of the Principles of the law applicable to this subject, illustrated by the cases in which they have been established by actual decision, would be acceptable to the Profession; and although he cannot hope that the present Work adequately supplies the deficiency, he ventures to trust, that his labours may be found useful to the Student as well as to the Practitioner.

About the Publisher

Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com

This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

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