F W Maitland Essays

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Rescission means voiding a contract, parties may seek rescission if both parties were mistaken about the facts or the laws related to the subject of the contract.

Reformation, or rectification, is a remedy that changes the terms of an existing written contract so that it is consistent with what the parties had originally intended when they struck their deal.

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Equity is a set of rules that exists alongside the common law and is applied where the normal form of dispute resolution, namely damages (monetary compensation), would not be sufficient, and provides an alternative most often through specific performance or an injunction, but also by rescission and reformation.(Henricus de Brattona or Bractona) was an English judge of the court known as coram rege (later King's Bench) from 1247-50 and again from 1253-57.After his retirement in 1257, he continued to serve on judicial commissions.It seems then to have been edited and partially updated in the late 1230's, with various additions being made to it between that time and the 1250's. Simpson (ed.), Biographical Dictionary of the Common Law, s.v. We found TEI-Lite relatively easy to apply to the problems of encoding Thorne's edition (though in the case of such peculiar Thorne-isms as spanned footnotes we had to stretch our minds -- and the standard -- a bit).The last owner of the original manuscript and the author of the later additions was probably Bracton. In this iteration we tagged only those features which could be easily identified by persons with no special knowledge of Bracton or of Latin, and we have not inserted much of the standard TEI header information into the SGML source files. We did identify some highly repetitive and easily automated tagging which could be omitted from the spec given to the keying house; this was a cost saving measure, as we were paying by the keystroke.Thus under the Common Law Procedure Act 1854 the common law courts were given some power to award equitable remedies and the Chancery Amendment Act 1858 gave the Chancellor the power to grant damages in addition to, or in substitution for, an injunction or a decree of specific performance. Consequently, a certain rivalry developed between the two courts and this came to a head in the Earl of Oxford’s Case (1616) 1 Rep Ch 1 in which the common law court gave a verdict in favour of one party and the Court of Equity then issued an injunction to prevent that party enforcing that judgement. Specific performance is an order to fulfil contractual obligations, in order to obtain the remedy of specific performance; the plaintiff must prove that he has fulfilled his obligations.An injunction can be sought where the plaintiff has property interest in need of protection and if monetary compensation would be an inadequate remedy. [Accessed 7 September 2019]; Available from: https:// The principals involved in its construction were Professor Charles A. We are indebted to numerous others for advice and assistance.English translation Copyright (c) 1968-1977 by the President and Fellows of Harvard College.


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