The Principles of Equity |
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Common terms and phrases
ademption administration agent agreement apply assets assignment bankruptcy beneficiary benefit breach of trust Chancery Chancery Division charge chose in action claim Common Law contract Conveyancing Act Court Court of Chancery Court of Equity covenant created creditors damages death debts deed defendant devised enforce entitled Equity execution executor exercise existing express firm fraud fund gift given granted heir Held husband infant injunction instrument intention investment judgment Judicature Act jurisdiction lease legacy legal estate legatee liable limited marriage married woman ment merely mortgage mortgagor notice obligation obtained paid parties partner payment personal representatives personalty plaintiff possession principal profits purchaser purpose realty receiver redeem redemption relief remedy restrain resulting trust rule rule against perpetuities separate property settlement settlor share solicitor specific performance Statute Statute of Frauds subsequent tenant transfer trust property Trustee Act unless vendor vested wife
Popular passages
Page 281 - The partnership books are to be kept at the place of business of the partnership (or the principal place, if there is more than one), and every partner may, when he thinks fit, have access to and inspect and copy any of them.
Page 255 - The advance of money by way of loan to a person engaged or about to engage in any business on a contract with that person that the lender shall receive a rate of interest varying with the profits...
Page 288 - A partner becomes in any other way incapable of performing his part of the partnership contract, (c) A partner has been guilty of such conduct as tends to affect prejudicially the carrying on of the business, (d) A partner wilfully or persistently commits a breach of the partnership agreement, or otherwise so conducts himself in matters relating to the partnership business that it is not reasonably practicable to carry on the business in partnership with him...
Page 369 - In this state of discrepancy between the decided cases, we think it is at all events a safe rule to adopt, that, where the misdescription, although not proceeding from fraud, is in a material and substantial point, so far affecting the subject-matter of the contract, that it may reasonably be supposed, that, but for such misdescription, the purchaser might never have entered into the contract at all, in such case the contract is avoided altogether, and the purchaser is not bound to resort to the...
Page 291 - Where a partnership contract is rescinded on the ground of the fraud or misrepresentation of one of the parties thereto, the party entitled to rescind is, without prejudice to any other right, entitled, (a) To a lien on, or right of retention of, the surplus of the partnership...
Page 281 - Every partner must account to the partnership for any benefit, and hold as trustee for it any profits derived by him without the consent of the other partners from any transaction connected with the formation, conduct, or liquidation of the partnership or from any use by him of its property.
Page 254 - The receipt by a person of a share of the profits of a business is primd facie evidence that he is a partner in the business, but the receipt of such a share, or of a payment contingent on or varying with the profits of a business, does not of itself make him a partner in the business...
Page 269 - ... (3) A retiring partner may be discharged from any existing liabilities by an agreement to that effect between himself and the members of the firm as newly constituted and the creditors, and this agreement may be either express or inferred as a fact from the course of dealing between the creditors and the firm as newly constituted.
Page 121 - Charity' in its legal sense comprises four principal divisions: trusts for the relief of poverty; trusts for the advancement of education; trusts for the advancement of religion; and trusts for other purposes beneficial to the community, not falling under any of the preceding heads.
Page 118 - In any action or other proceeding against a trustee or any person claiming through him, except where the claim is founded upon any fraud or fraudulent breach of trust to which the trustee was party or privy...