A Treatise on the Specific Performance of Contracts: Including Those of Public Companies (Classic Reprint) - Couverture souple

Fry, Edward

 
9781333457297: A Treatise on the Specific Performance of Contracts: Including Those of Public Companies (Classic Reprint)

Présentation de l'éditeur

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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