Principles of Specific Performance And Mistake
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In our eReader you can find the full English version of the book. Read Principles of Specific Performance And Mistake 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 Principles of Specific Performance And Mistake
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The Court says, ' It will have nothing to do with it. If you can bring your action at law, do so ; but this Court will not interfere in any respect whatever.' " Then, supposing this to be a voluntary deed, it is admitted that it does not carry out the inten- tions of the plaintiff ; but it is said you may re- form it. But there is this distinction to be taken.
If a man executes a voluntary deed in his life-time, 192 • EXTENT OF THE JURISDICTION.
declaring certain trusts, and happens to die, and... it is afterwards proved from the instructions or otherwise, that beyond all doubt the deed was not prepared in the exact manner which he intend- ed, then the deed may be reformed, and those particular provisions necessary to carry his in- tention into effect may be introduced. But if the case be that he made a mistake and you say to him ' You intended that there should be a trust in favour of A. B.,' and he says ' I intended no such thing ; I do not choose to give anything to A. B.,' no amount of evidence, however conclusive, proving that he did so intend, will at all justify the Court in compelling him to introduce a clause into the deed which he does not choose to introduce now, although he might at the time have wished to have done so.
What to read after Principles of Specific Performance And Mistake?
You can find similar books in the "Read Also" column, or choose other free books by Kelleher, J to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
The Court says, ' It will have nothing to do with it. If you can bring your action at law, do so ; but this Court will not interfere in any respect whatever.' " Then, supposing this to be a voluntary deed, it is admitted that it does not carry out the inten- tions of the plaintiff ; but it is said you may re- form it. But there is this distinction to be taken.
If a man executes a voluntary deed in his life-time, 192 • EXTENT OF THE JURISDICTION.
declaring certain trusts, and happens to die, and... it is afterwards proved from the instructions or otherwise, that beyond all doubt the deed was not prepared in the exact manner which he intend- ed, then the deed may be reformed, and those particular provisions necessary to carry his in- tention into effect may be introduced. But if the case be that he made a mistake and you say to him ' You intended that there should be a trust in favour of A. B.,' and he says ' I intended no such thing ; I do not choose to give anything to A. B.,' no amount of evidence, however conclusive, proving that he did so intend, will at all justify the Court in compelling him to introduce a clause into the deed which he does not choose to introduce now, although he might at the time have wished to have done so.
What to read after Principles of Specific Performance And Mistake?
You can find similar books in the "Read Also" column, or choose other free books by Kelleher, J to read onlineMoreLess
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