Equity: An Analysis And Discussion of Modern Equity Problems, With Notes On Ohio Cases
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In our eReader you can find the full English version of the book. Read Equity: An Analysis And Discussion of Modern Equity Problems, With Notes On Ohio Cases 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 Equity: An Analysis And Discussion of Modern Equity Problems, With Notes On Ohio Cases
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To quickly assess the difficulty of the text, read a short excerpt:
Moreover, there is no bright line which divides mistake from either fraud or accident. Yet mistake is dis- tinguishable from both. Accident creates a change in the actual situation of the parties — as destruction of the subject matter of a bargain by the act of God. It contains no mental element. Mistake, on the other hand, leaves the actual facts untouched. It involves af- firmative action by the human mind; It consists In forming an in- correct mental picture of the situation. If this incorre...ct picture is § 380] RESCISSION. 505 and there is also the large class of cases of fraud upon creditors which rarely contain any element of misrepre- sentation.
Courts have wisely refrained, however, from at- tempting to define fraud because even tho they should succeed in framing a definition which would cover all the adjudicated cases on the subject, it might later be a handicap to giving relief in a new case not falling within the definition.* Fraud is one of the earliest subjects of equity jurisdiction and until the action on the case* for de- ceit was devised the sole relief seems to have been in equity.
What to read after Equity: An Analysis And Discussion of Modern Equity Problems, With Notes On Ohio Cases?
You can find similar books in the "Read Also" column, or choose other free books by George Luther Clark to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Moreover, there is no bright line which divides mistake from either fraud or accident. Yet mistake is dis- tinguishable from both. Accident creates a change in the actual situation of the parties — as destruction of the subject matter of a bargain by the act of God. It contains no mental element. Mistake, on the other hand, leaves the actual facts untouched. It involves af- firmative action by the human mind; It consists In forming an in- correct mental picture of the situation. If this incorre...ct picture is § 380] RESCISSION. 505 and there is also the large class of cases of fraud upon creditors which rarely contain any element of misrepre- sentation.
Courts have wisely refrained, however, from at- tempting to define fraud because even tho they should succeed in framing a definition which would cover all the adjudicated cases on the subject, it might later be a handicap to giving relief in a new case not falling within the definition.* Fraud is one of the earliest subjects of equity jurisdiction and until the action on the case* for de- ceit was devised the sole relief seems to have been in equity.
What to read after Equity: An Analysis And Discussion of Modern Equity Problems, With Notes On Ohio Cases?
You can find similar books in the "Read Also" column, or choose other free books by George Luther Clark to read onlineMoreLess
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