A Manual of the Principles of Equity
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In our eReader you can find the full English version of the book. Read A Manual of the Principles of Equity Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book A Manual of the Principles of Equity
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(jr) See also fosi, pp. 290-292, as to specific delivery of chattels wrongly detained.
t2 276 OF SPECIFIC PBRFOEMANCB OF CONTEACTS, AKD The remedy must be mutual.
sought on the principles on which the Court of Equity has always acted, the party has practically a right to specific performance, assuming there is no special reason which renders it inequitable to grant it.
In all cases in which specific performance is sought, the remedy, if it exists at all, must be a mutual one, so that, if looked... at in the light of the interest of one of the parties to a contract, it is of such a nature that the Court would grant specific performance, so also will the Court do so at the instance of the other, although the relief sought by him is merely in the nature of compensation in damages or value {y). Thus damages will, naturally, compensate a vendor of land where his purchaser does not complete, but damages may not compensate the purchaser if his vendor does not complete.
Therefore as the purchaser could get specific perfor- mance, the Court, on the principle of mutuality of remedy, gives specific performance also at the instance of the vendor.
What to read after A Manual of the Principles of Equity?
You can find similar books in the "Read Also" column, or choose other free books by John Indermaur to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
(jr) See also fosi, pp. 290-292, as to specific delivery of chattels wrongly detained.
t2 276 OF SPECIFIC PBRFOEMANCB OF CONTEACTS, AKD The remedy must be mutual.
sought on the principles on which the Court of Equity has always acted, the party has practically a right to specific performance, assuming there is no special reason which renders it inequitable to grant it.
In all cases in which specific performance is sought, the remedy, if it exists at all, must be a mutual one, so that, if looked... at in the light of the interest of one of the parties to a contract, it is of such a nature that the Court would grant specific performance, so also will the Court do so at the instance of the other, although the relief sought by him is merely in the nature of compensation in damages or value {y). Thus damages will, naturally, compensate a vendor of land where his purchaser does not complete, but damages may not compensate the purchaser if his vendor does not complete.
Therefore as the purchaser could get specific perfor- mance, the Court, on the principle of mutuality of remedy, gives specific performance also at the instance of the vendor.
What to read after A Manual of the Principles of Equity?
You can find similar books in the "Read Also" column, or choose other free books by John Indermaur to read onlineMoreLess
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