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Fraud Misrepresentation and Mistake

1895

We shall then consider Menu Zoroaster the laws of the Greekg in the times of their great civilization the precepts of Clrristianity the rules of Jutinian the rules formulated by Grotius the father of Interntional Jurisprudencsep the doctrines of the English Common Law and Equity Courts as pronounced by the Judges prsiding over them. [...] unfaithful man in time of trouble is like a broken tooth or a Toot out of joint." The division and decline of the Jewish Kingdom after the death of Solomon led to and were indicated by military enterprise at home and abroad by the destruction of the peasant proprietary and the acquisition of their lands by the princes by a corrupt administration of justice and by private frame. [...] Although lawful consent and actual delivery* once concurring the real right to the subject sold is vested in the purchaser and the seller as no privilege of restitution as a resource against the bankruptcy of the purchaser yet where the consent is only apparent the.re is.no actual tranference but the seller is entitled to restitution against the creditors of the buyer. [...] 261.) In the Roman and Continental Laws (that is the European systems founded on the Roman Law) however fair regular and unobjectionable the contract of sale might be the property was not transferred by the delivery folloing upon that contract so as to divest the seller unless at the time of delivery the seller by a kind of secondary cotract expressly gave credit for the price and reno [...] (See Griffith's Insttutes of Enity and Griffith's Trusts 149.) The wider defnition has however been applied to the word fraud in section 23o of the Civil Procedure Code which avoids the period of limitation for the execution of a decree " where the judgment-de htorby fraud or force prevyted the exection of the decree at some time within 12 years immediately before the date of the applic
law
Pages
529
Published in
India
SARF Document ID
sarf.142076
Segment Pages Author Actions
Frontmatter
i-iv Will Griffith view
Introductory and Historical Chapter
1-57 unknown view
Chapter II Fraud Wills and Probates
58-72 unknown view
Chapter III Fraud Administraton—Trusts
73-109 unknown view
Chapter IV Constructive Fraud
110-158 unknown view
Chapter V Fraud in Contracts
159-220 unknown view
Chapter VI Contracts
221-250 unknown view
Chapter VII Fraud Remedies
251-301 unknown view
Chapter VIII Fraud—Remedies
302-325 unknown view
Chapter IX Insolvency
326-342 unknown view
Chapter X Frauds on the Courts
343-394 unknown view
Chapter XI Misrepresentation
395-445 unknown view
Chapter XII Mistake
446-510 unknown view
Fraud Misrepresentatidn & Mistake Appendix
511-525 unknown view

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