The Specific Performance of Contracts; An Expansion of an Article in the Encyclopedia of the Laws of England

Overview

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1899 Excerpt: ...ne exeat regno to issue against the purchaser, with the object of protecting the vendor against loss of the agreed purchasemoney, by reason of the purchaser going abroad without paying or securing the payment of it. The circumstances under which this writ might be granted were discussed at length by Lord ...
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Overview

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1899 Excerpt: ...ne exeat regno to issue against the purchaser, with the object of protecting the vendor against loss of the agreed purchasemoney, by reason of the purchaser going abroad without paying or securing the payment of it. The circumstances under which this writ might be granted were discussed at length by Lord Eldon in Boehm v. Wood (1823, Turn. & E. at pp. 343 et seq.; see, too, Morris v. McNeil, 1827, 2 Russ. at p. 605). The writ has not been abolished: but, under the present practice, it probably will not be issued in any case which does not fall within the provisions of sect. 6 of the Debtors Act, 1869, by which section arrest upon mesne process was done away with, and a limited power of arresting, under certain specified circumstances, a defendant about to quit England was conferred, and is now (Judicature Act, 1873, s. 76) exerciseable by the judges of the High Court (see Drover v. Beyer, 1879, 13 Ch. D. at pp. 243, 244; Hands v. Hands, 1881, 43 L. T. N. S. 750; Colverson v. Bbomfield, 1885, 29 Ch. D. at pp. 342, 343; and Ord. LXIX.). CHAPTER XIV. GROUNDS OP DEFENCE. Generally, it is a good defence to show that the particular case before the Court falls within some or one of those classes of cases already adverted to (supra, pp. 14--17), in which the Court declines, as a rule, to enforce specific performance. It may, however, be convenient to the practitioner to have this general statement supplemented by some concise particulars of the principal grounds of defence, upon which, when the circumstances of the particular case render any of them appropriate and available, a defendant to an action for specific performance may rely. Ambiguity.--"Where the terms of a contract are ambiguous, the Court may on that ground refuse to enforce it (Clowes v. Higg...
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Product Details

  • ISBN-13: 9781150410437
  • Publisher: General Books LLC
  • Publication date: 5/28/2012
  • Pages: 50
  • Product dimensions: 7.44 (w) x 9.69 (h) x 0.10 (d)

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