TY - BOOK AU - Northcote, George Russell AU - Fry, Edward TI - A treatise on the specific performance of contracts/ SN - 9789393850966 U1 - 344.2062 PY - 2023/// CY - Delhi PB - Law and justice publishing co., KW - Contracts Great Britain KW - Specific performance Great Britain N1 - Include Index; Part I – The Jurisdiction 1. The Origin and General Character of the Jurisdiction 2. The Extent of the Jurisdiction 3. Contracts with a Penal or Other Like Sum Part II – Parties to the Action 1. The General Rules 2. Strangers to the Contract 3. Death of a Party to the Contract 4. Assignment of the Contract or the Property 5. Liability of Some Companies for the Contracts of their Promoters 6. Agency Part III – Defences to the Action 1. Incapacity to Contract 2. Non-conclusion of the Contract 3. Incompleteness of the Contract 4. Uncertainty of the Contract 5. Want of Fairness in the Contract 6. Hardship of the Contract 7. Inadequacy of the Consideration 8. Want of Mutuality in the Contract 9. Illegality of the Contract 10. Contracts Ultra Vires 11. Statutes of Frauds and Part Performance 12. Formalities Required in Contracts by Corporations 13. Mispresentation 14. Fraud 15. Mistake 16. Incapacity of the Court to Perform Part of the Contract 17. Defect in the Subject-Matter of the Contract 18. Want to a Good Title 19. Failure of the Consideration 20. Default on the Part of the Plaintiff 21. Acts in Contravention of the Contract 22. Non-Performance of Conditions 23. Incapacity of the Defendant to perform is Part of the Contract 24. Rescission of the Contract 25. Lapse of Time Part IV – The Mode of Exercising the Jurisdiction 1. Proceedings up to and Including Judgment 2. Injunctions 3. Writ of Ne exeat 4. Relief After Judgment Part V – Incidental Matters 1. Conditions of Sale and Particulars 2. Compensation 3. Damages 4. Reference of Title 5. Interest, Rent, Deterioration, and Payment into Court 6. The Deposit Part VI – Some Contracts in Particular 1. Contracts for the Sale of Shares 2. Contracts Relating to Contingent Interests and Expectances 3. Contracts for Partnerships 4. Contracts for the Sale of Ships 5. Contracts by Married Women 6. Contracts for Separation Deeds 7. Contracts to Compromise 8. Awards 9. Contracts to Refer to Arbitration 10. Contracts not to apply to Parliament 11. Contracts to Indemnify Additional Note A • The Case of Bolten Partners V. Lambert Additional Note B • French Law of specific performance Additional Note C. • Cases illustrative of the early jurisdiction of Chancery in specific performance Index N2 - The last edition was edited by the late Mr. W. D. Rawlins, K.C., and was published in the year 1911. Since then the Author also has passed away, after a long life and many years of public service. Amongst lawyers he will be remembered not only as an eminent and learned judge but also, and perhaps even especially, as the author of this treatise. The book has long been recognised as one of high authority and the standard work on its subject; and I feel that the task of editing it is not a light one. I have not attempted to introduce any new subjects, but have endeavoured only to bring the book up to date. In so doing I have borne in mind the desirability of retaining as far as possible the language of the Author, and have embodied my work mainly in the notes. In his Preface to the First Edition the Author referred to the difficulty of deciding how much of the law on many questions ought to find place in a treatise such as this. The same difficulty has frequently presented itself to me; I have endeavoured to solve it on each occasion in the same way that he did, though I cannot hope that I have done so with the same success. ---Lawbookshop.net ER -