Equitable Fraud - Law Dictionary Search Results
reformation
reformation : the act or an instance of reforming ;specif : the equitable remedy of reforming a writing (as a deed or contract) and enforcing it as reformed NOTE: Reformation is … to correct mistakes such as typographical errors or incorrectly chosen words. Occasionally reformation is permitted in cases of fraud or misrepresentation. Clear and convincing evidence of the mistake and of the intended agreement is usually required; sometimes
Lease
if they consist of terms of years absolute and leases for life which have been converted into merely equitable interests if created under a settlement, but by s. 149 of the Act leases for life at a … term. The (English) Law of Property Act, 1925, ss. 51 to 55, reproducing and amending the Statute of Frauds, ss. 1, 2 and 3, and the (English) Real Property Act,1845 (8 & 9 Vict. c. 106), s.
Autre vie, Estate pur
The lowest estate of freehold which the law allowed before 1926. After 1925 the estate has become an equitable interest, (English) Law of Property Act, 1925, s. 1. If limited to the grantee and his heirs, it … or administrators of the grantee. (Wills Act, 1837 (1 Vict. c. 26), s. 6, superseding the Statute of Frauds, s. 3, and 14 Geo. 2, c. 20, s. 9). By s. 3 of the (English) Wills Act,
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Implied trusts
Implied trusts. an implied trust is one which arises from an equitable construction put upon the facts, conduct, or situation of parties. Implied trusts have been distributed into two classes: … third person; (2) those not depending upon such intention, but arising by operation of law, in cases of fraud, or notice of an adverse equity. A trust of this kind arises wherever the estate is converted by
Appointment in exercise of a Power
1925, s. 1(7). Powers may also be reserved over personal estate, and in that case also only the equitable estate now passes; a common instance is the power of appointment among the issue usually given by a … of Property Amendment Act,1859 (22 & 23 Vict. c. 35) s. 12, as to appointments by deed. For frauds on Powers see FRAUD and Farwellon Powers. Illusory Appointments, by s. 158 of the (English) L. P. Act,
Consideration
of any consideration will not affect its validity either in law or equity (except for some kinds of equitable relief, see infra), because the execution of a deed is attended by formalities from which a deliberate intention … the conscience,' equity would quash the contract, upon the ground that such great inequality betokens mutual mistake, or fraud or undue advantage on the one side, or mental incompetency on the other, and, inequity, inadequacy maybe a
Limitation of actions and prosecutions
3, and other Acts do not mention suits inequity, yet that courts of equity in giving effect to equitable claims, and affording equitable relief, will observe the principles of these enactments, in cases where the legal and … (1829) Knapp's Rep 60. By (English) Lord Tenterden's Act (9 Geo. 4, c. 14), the (English) Statute of Frauds Amendment Act, 1828, s. 1, in actions of debt, or on the case grounded upon any simple contract,
Pawn or Pledge
the stipulated time, the title of the pledgee becomes absolute at law; and the pledgor has only an equitable right to redeem. If, however, it be a mere pledge, as the pledgor has never parted with the … engagement of warranty that he is the owner of the property pawned. The pawnor is responsible for all frauds, not only in the title but in the concoction of the contract. The pawnor must reimburseto the pawnee
Trust
the technical terms of the Common or Statutory Law in the limitations of legal estate. Before 1926 an equitable entail would in the case of an executory document or a bequest or devise by will pass without … in relation there to co-extensive with his ability to dispose of it at law. The (English) Statute of Frauds, 29 Car. 2, c. 3, s. 7 [reproduced by s. 53 (1) (b) of the Law of Property
Deed
interest or relinquish any right should come first, and amongst them, those having legal estates before those having equitable only, and the larger interests should precede the lesser. Then consenting parties and covenantors. After these, those who … of three acts, viz.:- (a) Signing. This was not necessary before 1926 in cases where the Statute of Frauds (see FRAUDS, STATUTE OF) did not apply. Whether signing was necessary where that statute applied, or whether mere
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