Principles of equity:
- Title
- Principles of equity:
- Author
- Kames, Henry Home, Lord, 1696-1782.
- Publication
- Edinburgh :: printed for A. Millar, London, and A. Kincaid & J. Bell, Edinburgh,
- 1767.
- Rights/Permissions
-
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- Link to this Item
-
https://name.umdl.umich.edu/004841431.0001.000
- Cite this Item
-
"Principles of equity:." In the digital collection Eighteenth Century Collections Online. https://name.umdl.umich.edu/004841431.0001.000. University of Michigan Library Digital Collections. Accessed May 7, 2024.
Contents
- title page
- LETTER to Lord MANSFIELD.
- PREFACE.
- TABLE of CONTENTS.
- EXPLANATION of some Scotch law terms used in this work.
- ERRATUM.
- PRINCIPLES OF EQUITY.
-
PRINCIPLES OF EQUITY. BOOK I.
- Powers of a Court of Equity derived from the Principle of Justice.
-
PART I. Powers of a court of equity to remedy the imperfections of common law with respect to pecuniary interest, by supplying what is defective, and correcting what is wrong.
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CHAP. I. Powers of a court of equity to remedy what is imperfect in common law, with respect to the protecting indivi∣duals from injuries.
- SECTION I. Harm done by a man in prosecuting a right or privilege.
- SECT. II. Harm done by a person who has not in view to prosecute any right or pri∣vilege.
- SECT. III. Undue influence employ'd for tempting or overawing persons to act knowing∣ly against their interest.
- SECT. IV. Fraud, deceit, or other artificial means, employ'd for making a man act un∣knowingly against his interest.
- SECT. V. Reparation to which persons are intitled who are harmed in their rights or privileges.
- CHAP. II. Powers of a Court of Equity to remedy what is imperfect in common law, with respect to protecting the weak of mind from harming themselves by unequal bargains and irrational deeds.
- CHAP. III. Powers of a court of equity to remedy what is imperfect in common law, with respect to the natural duty of be∣nevolence.
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CHAP. IV. Powers of a court of equity to remedy what is impersect in common law, with respect to deeds and covenants.
- SECT. I. Where the words expressing will or consent are imperfect.
- SECT. II. Operation of deeds and covenants beyond what is authorised by declared will.
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SECT. III. How far defects in a deed or covenant can be supplied.
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ART. I. Where essential articles are by oversight omitted. -
ART. II. Where the intention is to settle a sum upon a person, less or more in different events; and the event that happens is by oversight omitted. -
ART. III. Where a settlement is made in the prospect of one event only, no other being foreseen; and instead of that event another happens.
-
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SECT. IV. A deed or covenant considered as a mean to an end.
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ART. I. Where, by mistake, the means provided in the deed or covenant tend not to bring about the desired end. -
ART. II. Where an unforeseen accident renders ineffectual the means pro∣vided in the deed or covenant to bring about the desired end. -
ART. III. Where the means provided in the deed or covenant tend, by an unforeseen accident, to disappoint the desired end. -
ART. IV. Where the deed or covenant itself is voided by an unforeseen ac∣cident, can other means be supplied for accomplishing the desired end? -
ART. V. Where the means reach inadvertently beyond the desired end.
-
- SECT. V. Where there is a failure in performance.
- SECT. VI. Indirect means used to evade performance.
- SECT. VII. Repentance in what contracts permitted, and to whom.
- SECT. VIII. How far a deed or covenant void at common law can be supported in equity.
- SECT. IX. Whether any supervening accident can in equity void or render ineffectual a contract originally unexceptionable.
- SECT. X. Where a deed or covenant is occasioned by error.
- CHAP. V. Powers of a court of equity to remedy what is imperfect in common law with respect to statutes.
- CHAP. VI. Powers of a court of equity to remedy what is imperfect in common law with respect to transactions between debtor and creditor.
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CHAP. VII. Powers of a court of equity to remedy what is imperfect in common law with respect to legal execution.
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SECT. I. Where the common law is defective.
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ART. I. Subjects that cannot be attached by the executions of common law. -
ART. II. Circumstances where even common subjects are withdrawn from these executions. -
ART. III. These executions are in some cases imperfect. -
ART. IV. They serve only to make debts effectual, and give no aid to o∣ther claims.
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- SECT. II. Where the common law with respect to execution is oppressive or unjust.
- APPENDIX to Chap. VII.
-
SECT. I. Where the common law is defective.
- CHAP. VIII. Power of a court of equity to inflict punishment, and to mitigate it.
-
CHAP. I. Powers of a court of equity to remedy what is imperfect in common law, with respect to the protecting indivi∣duals from injuries.
- PART II. Powers of a court of equity to remedy the imperfection of common law with respect to matters of justice that are not pecuniary.
-
BOOK II.
- Powers of a court of equity founded on the prin∣ciple of utility.
-
CHAP. I.
Acts contra bonos moresrepressed. - CHAP. II. Acts and covenants in themselves innocent, prohibited in equity, because of their tendency to hurt society.
- CHAP. III. Certain claims in themselves just, and therefore authorised by common law, rendered ineffectual by equity because of their bad tendency.
- CHAP. IV. Forms of the common law dispensed with in order to abridge law-suits.
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CHAP. V. Bona fide
payment. - CHAP. VI. Interposition of a court of equity in favour even of a single person to prevent mischief.
- CHAP. VII. Statutes preventive of wrong or mischief extended by a court of equity.
- CONCLUSION of BOOK II.
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BOOK III.
- CHAP. I. What equity rules with respect to rents levied upon an er∣roneous title of property.
- CHAP. II. Powers of a court of equity with respect to a conventional penalty.
- CHAP. III. What effect, with respect to heirs, has the death of the obligee or legatee before or after the term of payment?
- CHAP. IV. Arrestment and process of forthcoming.
- CHAP. V. Powers of a court of equity with relation to bankrupts.
- CHAP. VI. Powers and Faculties.
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CHAP. VII. Of the power which officers of the law have to act
ex∣tra territorium. -
CHAP. VIII. Jurisdiction of the court of session with respect to foreign matters.
- SECT. I. Actions strictly personal founded on foreign covenants, deeds, or facts.
- SECT. II. Foreign covenants and deeds respecting land.
- SECT. III. Foreign covenants and deeds respecting moveables.
- SECT. IV. Foreign covenants and deeds respecting debts.
- SECT. V. Foreign evidence.
- SECT. VI. What effect is given to foreign statutes and decrees.
- NOTANDUM BENE.
- INDEX.
- PRINCIPLES founded on in this work.
- DECISIONS of the Court of Session quoted in this work.