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Mr Justice Blackburn began his judgement by finding that the agreement between the parties was a contract, despite their use of the term "lease".Under the common law of property in England at the time, under a lease the lessee would obtain legal possession of the premises during the lease period, while the "lease" at issue in this case specified that legal possession would remain with the ...
Restitution in English law; Landmark Cases in the Law of Restitution (2006) by Charles Mitchell and Paul Mitchell; Landmark Cases in the Law of Tort (2010) by Charles Mitchell and Paul Mitchell; Landmark Cases in Family Law (2011) by Stephen Gilmore, Jonathan Herring and Rebecca Probert; Landmark Cases in Equity (2012) by Charles Mitchell and ...
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RE Barnett, The Oxford Introductions to U.S. Law: Contracts (2010). MA Chirelstein, Concepts and Case Analysis in the Law of Contracts (6th edn 2010) EA Farnsworth, Contracts (2008) LL Fuller, MA Eisenberg and MP Gergen Basic Contract Law (9th edn 2013) CL Knapp, NM Crystal and HG Prince, Problems in Contract Law: Cases and Materials (7th edn ...
The burning down of the Surrey music hall in Taylor v Caldwell deemed a contract for its hire frustrated. Early cases such as Paradine v Jane (1647) [5] show the historical line that the courts took toward a frustration of purpose in contract; here, the courts held that where land under lease to the defendant had been invaded by Royalist forces, he was still under obligation to pay rent to the ...
Walker, 66 Mich. 568, 33 N.W. 919 (Mich. 1887), [1] was a case that has played an important role in the evolution of American contract law involving the doctrine of mutual mistake. One of the main issues in the case was whether the remedy of rescission is available if both parties to a contract share a misunderstanding about an essential fact. [2]
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Even so, Justice Field never addressed the main point of English common law equity, which was to protect public interests. [47] For many years, the Willard decision was the leading case in contract law regarding intent and enforcement. [45] [48] The case is still considered the leading decision on frustration of purpose regarding inflation in ...