The connection of the different branches of law is, like the connection of the sciences, so close as often to embarrass the writer who attempts to treat of one subject by itself. I have found this difficulty continually recurring, as I have been engaged in composing this book, because it is by no means easy to decide how much of the law on many questions ought to find place in a treatise on the principles and practice of the courts in specific performance, and how much ought to be referred to a discussion of the particular species of contract to which the point may relate. I have endeavored on each occasion to solve this question with a view to the practical utility of the following pages, and to what I suppose a lawyer would reasonably expect to find in a treatise bearing the title of this volume. There is now pending in Parliament a bill which has been introduced by the solicitor-general. Sir Hugh M. Cairns, intituled A bill to amend the course of procedure in the High Court of Chancery, the Court of Chancery in I reland, and the Court of Chancery of the county palatine of Lancaster, by which it is proposed to be enacted, that in all cases in which the Court of Chancery has jurisdiction to entertain an application for an injunction against a breach of any covenant, contract, or agreement, or against the commission or continuance of any wrongful act, or for the specific performance of any covenant, contract or agreement, it shall be lawful for the same court to award damages to the party injured, either in addition to, or in substitution for, such injunction or specific performance, and such damages may be assessed in such manner as the court shall direct. The desirableness of clothing courts of equity with a jurisdiction in damages in the cases referred to in this clause of the bill appears to be beyond question as I have already remarked in the chapter on
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Paperback. Etat : New. Print on Demand. This book is a comprehensive treatise on the principles of specific performance of contracts. It meticulously examines the legal and equitable principles that govern the enforcement of contractual obligations, providing a thorough analysis of the subject matter. The author explores the historical evolution of specific performance, its theoretical foundations, and the practical considerations involved in its application. Through case studies and detailed discussions, the book delves into the various factors that courts consider when determining whether to grant specific performance, including the adequacy of the legal remedy, the nature of the contract, and the conduct of the parties. It also addresses the remedies available for breach of contract and the defenses that may be raised against an action for specific performance. This book is an invaluable resource for legal practitioners, scholars, and students seeking a deep understanding of the principles and practice of specific performance in the common law This book is a reproduction of an important historical work, digitally reconstructed using state-of-the-art technology to preserve the original format. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in the book. print-on-demand item. N° de réf. du vendeur 9781333296841_0
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Etat : Hervorragend. Zustand: Hervorragend | Seiten: 886 | Sprache: Englisch | Produktart: Bücher | Keine Beschreibung verfügbar. N° de réf. du vendeur 27098230/1
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