Commentaries On Equity Jurisprudence
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In our eReader you can find the full English version of the book. Read Commentaries On Equity Jurisprudence 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 Commentaries On Equity Jurisprudence
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5, 6.
§ 266 271.] CONSTRUCTIVE FRAUD. Ill contract of marriage, by placing all parties upon the basis of good faith, mutual confidence, and equality of condition (o).
§ 268. The same principle pervades the class of cases where persons, upon a treaty of marriage, by any concealment or misrepre- sentation, mislead other parties, or do acts which are by other secret agreements reduced to mere forms or become inoperative. In all cases of such agreements relief will, upon the same enlightened public... policy, be granted to the injured parties. For equity insists upon principles of the purest good faith, and nothing could be more subversive of it than to allow parties, by holding out false colours, to escape from their own solemn engagements (p).
§ 269. Thus, where a parent declined to consent to a marriage with the intended husband, on account of his being in debt, and the brother of the latter gave a bond for the debt to procure such consent ; and the intended husband then gave a secret counter-bond to his brother to indemnify him against the first, and the marriage proceeded upon the faith of the extinguishment of the debt, the counter-bond so given was treated as a fraud upon the marriage {conira fidem tabularum nuptialium), and all parties were held entitled as if it had not been given (pp).
What to read after Commentaries On Equity Jurisprudence?
You can find similar books in the "Read Also" column, or choose other free books by Story, Joseph, 1779-1845 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
5, 6.
§ 266 271.] CONSTRUCTIVE FRAUD. Ill contract of marriage, by placing all parties upon the basis of good faith, mutual confidence, and equality of condition (o).
§ 268. The same principle pervades the class of cases where persons, upon a treaty of marriage, by any concealment or misrepre- sentation, mislead other parties, or do acts which are by other secret agreements reduced to mere forms or become inoperative. In all cases of such agreements relief will, upon the same enlightened public... policy, be granted to the injured parties. For equity insists upon principles of the purest good faith, and nothing could be more subversive of it than to allow parties, by holding out false colours, to escape from their own solemn engagements (p).
§ 269. Thus, where a parent declined to consent to a marriage with the intended husband, on account of his being in debt, and the brother of the latter gave a bond for the debt to procure such consent ; and the intended husband then gave a secret counter-bond to his brother to indemnify him against the first, and the marriage proceeded upon the faith of the extinguishment of the debt, the counter-bond so given was treated as a fraud upon the marriage {conira fidem tabularum nuptialium), and all parties were held entitled as if it had not been given (pp).
What to read after Commentaries On Equity Jurisprudence?
You can find similar books in the "Read Also" column, or choose other free books by Story, Joseph, 1779-1845 to read onlineMoreLess
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