A Practical Treatise of Powers (Volume 1)
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A Practical Treatise of Powers (Volume 1)

A Practical Treatise of Powers (Volume 1)


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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1856 edition. Excerpt: ...to decide the point; but he delivered it as his opinion that the clause of surrender did not 'vitiate the lease. In an abstract view, and with refer-'336 once to the terms before him, he thought the objection entitled to no weight whatever. It was understood that the Lord Chief J usticc was of the same opinion, and the Lord Chief Baron. who' was of the same opinion, wrote out the grounds upon which he came to that conelusion.(b) He said, that in a lease of so long a term, and for which so large a fine had been paid, such a clause could have little effect. If the lessee were to surrender. he would lose his large fine. It was objected, that he might exhaust the land, and then surrender his lease. Upon what ground could such a supposition rest? The objections to the clause were these: 1. There is a want of mutuality, the tenant havinga right to surrender, and the lessor having no right to revoke. The converse of this existed in Cardigan v. Montagu. To this, he thought, it was satisfactorily answered, that there was no such principle of law as that in every contract there must be that mutuality which is contended for here, and that in a lease for every advantage given to the lessee there must be a correlative advantage given to the lessor. In Cardigan and Montagu the landlord had a right to revoke. It is said that the landlord is fast, whilst the tenant is loose. Now, in cases under the statute of frauds that often exists, and it is no objection either to a bill for a specific execution of a contract, or to an action at law upon a contract within the statute of frauds, that the contract has been only signed by the defendant, and not by the plaintiff, and therefore not binding on the latter. So in cases not under the statute of...


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Product Details
  • ISBN-13: 9781152569805
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 208
  • Spine Width: 11 mm
  • Width: 189 mm
  • ISBN-10: 1152569805
  • Publisher Date: 01 Apr 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 381 gr


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