Synopsis of Maitland's Equity
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Since the case of In re Nisbet and 26 Potts' Contract, 1906, 1 Ch, 386, the rule is that anyone coming to the land with notice actual or constructive of a covenant entered into by some previous owner of the land, restricting the use to 'be made of that land, will be prohibited from doing anything in breach of that covenant. The burden of proof is thrown upon the per- son who asserts that he has no notice. Equity in its dealing with restrictive covenants began at the oppo- site end to this.
LECT...URE 13.
The Remedies for Breach of Trust.
What are the remedies for breach of trust ? We have partially answered this question in Lecture 9, where we considered the nature of equitable estates and interests.
(l)For every breach of trust there is this personal remedy against the trustee — the trustee is bound to restore the trust fund on trust property that has been alienated, or has perished, or has been deteriorating owing to a breach of trust, and the courts are severe in taking accounts against trustees who have misconducted themselves; in charging them with interest, in holding them liable not merely for what they have received, but also for what they might have received, but for their wil- ful default.
What to read after Synopsis of Maitland's Equity?
You can find similar books in the "Read Also" column, or choose other free books by Maitland, Frederic William, 1850-1906 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Since the case of In re Nisbet and 26 Potts' Contract, 1906, 1 Ch, 386, the rule is that anyone coming to the land with notice actual or constructive of a covenant entered into by some previous owner of the land, restricting the use to 'be made of that land, will be prohibited from doing anything in breach of that covenant. The burden of proof is thrown upon the per- son who asserts that he has no notice. Equity in its dealing with restrictive covenants began at the oppo- site end to this.
LECT...URE 13.
The Remedies for Breach of Trust.
What are the remedies for breach of trust ? We have partially answered this question in Lecture 9, where we considered the nature of equitable estates and interests.
(l)For every breach of trust there is this personal remedy against the trustee — the trustee is bound to restore the trust fund on trust property that has been alienated, or has perished, or has been deteriorating owing to a breach of trust, and the courts are severe in taking accounts against trustees who have misconducted themselves; in charging them with interest, in holding them liable not merely for what they have received, but also for what they might have received, but for their wil- ful default.
What to read after Synopsis of Maitland's Equity?
You can find similar books in the "Read Also" column, or choose other free books by Maitland, Frederic William, 1850-1906 to read onlineMoreLess
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