the Enforcement and Setting Aside of Contracts
Author: Dr Albert Keating
ISBN: 9781911611493
Format Paperback
Publication Date: April 2021
The Enforcement and Setting Aside of Contracts provides a comprehensive and in-depth analysis of the concepts and principles at work in the area of enforcement and setting aside of contracts and interlocutory applications. Part I, gives a full and detailed account of the enforcement of contracts for the sale of land, interests in land and testamentary contracts by specific performance, enforcement of Pallant v Morgan-type arrangements, collateral contracts, and enforcement of contracts by way of estoppel by convention. Part I also deals with the defence mechanism provided by promissory estoppel in actions of enforcement of terms of contracts. Part II, provides a comprehensive account of the concepts and principles at play in actions to set aside contracts on grounds of equitable mistake, misrepresentation, undue influence, non est factum and improvident transactions. Part III deals with principles of summary judgment applied in the enforcement of debts arising from contracts of loan and guarantees relating to them, arguable defences and remittal of issues to plenary hearing, and also contracts with banks. Part IV presents a full and comprehensive account of the court rules and legal principles governing the discovery of documents, interrogatories, interlocutory and mandatory interlocutory injunctions and issues and principles of costs of entire proceedings and costs of interlocutory applications.
Content includes
PART I: THE ENFORCEMENT OF CONTRACTS
Chapter 1: The Enforcement of Contracts by Specific Performance
Introduction
The Enforcement of Contracts by Specific Performance
Discretionary Enforcement of Contracts
Contracts Incapable of Enforcement by Specific Performance
Damages In Lieu of Specific Performance
Chapter 2: The Enforcement of Testamentary and Pre-Testamentary Contracts
Introduction
Testamentary Contracts
Pre-Testamentary Contracts
Commentaries on Testamentary and Pre-Testamentary Contracts
Chapter 3: Pallant v Morgan-Type Arrangements and Equity
Introduction
Pallant v Morgan -Type Arrangements and Equity
Alternative Enforcement of Pallant v Morgan –Type Arrangements by Proprietary Estoppel or Remedial Constructive Trust
Chapter 4: The Enforcement of Collateral Contracts
Introduction
The Concept of a Collateral Contract
The Enforcement of Collateral Contracts
Procedural Fairness
Chapter 5: Estoppel Principles
Introduction
Principle of Promissory Estoppel
Principle of Estoppel by Convention
PART II SETTING ASIDE CONTRACTS
Chapter 6: Doctrines of Common Mistake and Rectification
Introduction
Doctrines of Common Mistake
Rectifying Mistakes
Chapter 7: The Right to Rescind
Introduction
The Right to Rescind
Damages in Lieu of Rescission
Damages for Fraudulent Misrepresentation
Chapter 8: Presumptions of Undue Influence
Introduction
Presumptions of Undue Influence
Rebutting Presumptions
Laches
Duress
Chapter 9: The Morris and Gilligan Criteria
Introduction
The Morris Criteria and Principle of Non Est Factum
The Gilligan Criteria and Improvident Transactions
PART III: THE ENFORCEMENT OF DEBTS AND GUARANTEES BY SUMMARY JUDGMENT AND ARGUABLE DEFENCES
Chapter 10: Applications for Summary Judgment for Enforcement of Debts, Guarantees and Account Taken
Introduction
Particulars of a Debt in a Summary Summons
Applications for Summary Judgment
Grounding and Replying Affidavits
Applications for Account Taken
Chapter 11: Principles of Summary Judgment and Account Taken
Introduction
Principles of Summary Judgment
Principles of Account Taken
Chapter 12: Arguable Defences
Introduction
Principles of Summary Judgment Applicable to Arguable Defences
The Credibility of the Defence
Issues Raised in Arguable Defences
Cross-Claims
Substantiating Issues at Plenary Hearing
Chapter 13: Contracts with Banks
Introduction
Bank and Customer Relationships
A Bank’s Duty to Make Enquiries
Arguable Defences by Bank Customers
An Arguable Defence Based on the Superimposition of a Constructive Trust on a Bank’s Duty to Enquire
PART IV: DISCOVERY OF DOCUMENTS, DELIVERY OF INTERROGATORIES, INJUNCTIONS AND COSTS
Chapter 14: Discovery of Documents
Introduction
Rules and Affidavit of Discovery of Documents
The Clarke Principles of Discovery
Chapter 15: Delivery of Interrogatories and Privileged Communications
Introduction
Delivery of Interrogatories
Privileged Communications
Chapter 16: Injunctions
Introduction
Interlocutory and Mandatory Interlocutory Injunctions
Adequacy of Damages
Undertaking as to Damages
Mareva Injunctions
Chapter 17: The Costs of Proceedings
Introduction
Costs of the Entire Proceedings
Principles of Costs of Entire Proceedings
Chapter 18: The Costs of Interlocutory Applications
Introduction
Costs of Interlocutory Applications
Principles of Costs of Interlocutory Applications
Author: Dr Albert Keating
ISBN: 9781911611493
Format Paperback
Publication Date: April 2021
The Enforcement and Setting Aside of Contracts provides a comprehensive and in-depth analysis of the concepts and principles at work in the area of enforcement and setting aside of contracts and interlocutory applications. Part I, gives a full and detailed account of the enforcement of contracts for the sale of land, interests in land and testamentary contracts by specific performance, enforcement of Pallant v Morgan-type arrangements, collateral contracts, and enforcement of contracts by way of estoppel by convention. Part I also deals with the defence mechanism provided by promissory estoppel in actions of enforcement of terms of contracts. Part II, provides a comprehensive account of the concepts and principles at play in actions to set aside contracts on grounds of equitable mistake, misrepresentation, undue influence, non est factum and improvident transactions. Part III deals with principles of summary judgment applied in the enforcement of debts arising from contracts of loan and guarantees relating to them, arguable defences and remittal of issues to plenary hearing, and also contracts with banks. Part IV presents a full and comprehensive account of the court rules and legal principles governing the discovery of documents, interrogatories, interlocutory and mandatory interlocutory injunctions and issues and principles of costs of entire proceedings and costs of interlocutory applications.
Content includes
PART I: THE ENFORCEMENT OF CONTRACTS
Chapter 1: The Enforcement of Contracts by Specific Performance
Introduction
The Enforcement of Contracts by Specific Performance
Discretionary Enforcement of Contracts
Contracts Incapable of Enforcement by Specific Performance
Damages In Lieu of Specific Performance
Chapter 2: The Enforcement of Testamentary and Pre-Testamentary Contracts
Introduction
Testamentary Contracts
Pre-Testamentary Contracts
Commentaries on Testamentary and Pre-Testamentary Contracts
Chapter 3: Pallant v Morgan-Type Arrangements and Equity
Introduction
Pallant v Morgan -Type Arrangements and Equity
Alternative Enforcement of Pallant v Morgan –Type Arrangements by Proprietary Estoppel or Remedial Constructive Trust
Chapter 4: The Enforcement of Collateral Contracts
Introduction
The Concept of a Collateral Contract
The Enforcement of Collateral Contracts
Procedural Fairness
Chapter 5: Estoppel Principles
Introduction
Principle of Promissory Estoppel
Principle of Estoppel by Convention
PART II SETTING ASIDE CONTRACTS
Chapter 6: Doctrines of Common Mistake and Rectification
Introduction
Doctrines of Common Mistake
Rectifying Mistakes
Chapter 7: The Right to Rescind
Introduction
The Right to Rescind
Damages in Lieu of Rescission
Damages for Fraudulent Misrepresentation
Chapter 8: Presumptions of Undue Influence
Introduction
Presumptions of Undue Influence
Rebutting Presumptions
Laches
Duress
Chapter 9: The Morris and Gilligan Criteria
Introduction
The Morris Criteria and Principle of Non Est Factum
The Gilligan Criteria and Improvident Transactions
PART III: THE ENFORCEMENT OF DEBTS AND GUARANTEES BY SUMMARY JUDGMENT AND ARGUABLE DEFENCES
Chapter 10: Applications for Summary Judgment for Enforcement of Debts, Guarantees and Account Taken
Introduction
Particulars of a Debt in a Summary Summons
Applications for Summary Judgment
Grounding and Replying Affidavits
Applications for Account Taken
Chapter 11: Principles of Summary Judgment and Account Taken
Introduction
Principles of Summary Judgment
Principles of Account Taken
Chapter 12: Arguable Defences
Introduction
Principles of Summary Judgment Applicable to Arguable Defences
The Credibility of the Defence
Issues Raised in Arguable Defences
Cross-Claims
Substantiating Issues at Plenary Hearing
Chapter 13: Contracts with Banks
Introduction
Bank and Customer Relationships
A Bank’s Duty to Make Enquiries
Arguable Defences by Bank Customers
An Arguable Defence Based on the Superimposition of a Constructive Trust on a Bank’s Duty to Enquire
PART IV: DISCOVERY OF DOCUMENTS, DELIVERY OF INTERROGATORIES, INJUNCTIONS AND COSTS
Chapter 14: Discovery of Documents
Introduction
Rules and Affidavit of Discovery of Documents
The Clarke Principles of Discovery
Chapter 15: Delivery of Interrogatories and Privileged Communications
Introduction
Delivery of Interrogatories
Privileged Communications
Chapter 16: Injunctions
Introduction
Interlocutory and Mandatory Interlocutory Injunctions
Adequacy of Damages
Undertaking as to Damages
Mareva Injunctions
Chapter 17: The Costs of Proceedings
Introduction
Costs of the Entire Proceedings
Principles of Costs of Entire Proceedings
Chapter 18: The Costs of Interlocutory Applications
Introduction
Costs of Interlocutory Applications
Principles of Costs of Interlocutory Applications
Author: Dr Albert Keating
ISBN: 9781911611493
Format Paperback
Publication Date: April 2021
The Enforcement and Setting Aside of Contracts provides a comprehensive and in-depth analysis of the concepts and principles at work in the area of enforcement and setting aside of contracts and interlocutory applications. Part I, gives a full and detailed account of the enforcement of contracts for the sale of land, interests in land and testamentary contracts by specific performance, enforcement of Pallant v Morgan-type arrangements, collateral contracts, and enforcement of contracts by way of estoppel by convention. Part I also deals with the defence mechanism provided by promissory estoppel in actions of enforcement of terms of contracts. Part II, provides a comprehensive account of the concepts and principles at play in actions to set aside contracts on grounds of equitable mistake, misrepresentation, undue influence, non est factum and improvident transactions. Part III deals with principles of summary judgment applied in the enforcement of debts arising from contracts of loan and guarantees relating to them, arguable defences and remittal of issues to plenary hearing, and also contracts with banks. Part IV presents a full and comprehensive account of the court rules and legal principles governing the discovery of documents, interrogatories, interlocutory and mandatory interlocutory injunctions and issues and principles of costs of entire proceedings and costs of interlocutory applications.
Content includes
PART I: THE ENFORCEMENT OF CONTRACTS
Chapter 1: The Enforcement of Contracts by Specific Performance
Introduction
The Enforcement of Contracts by Specific Performance
Discretionary Enforcement of Contracts
Contracts Incapable of Enforcement by Specific Performance
Damages In Lieu of Specific Performance
Chapter 2: The Enforcement of Testamentary and Pre-Testamentary Contracts
Introduction
Testamentary Contracts
Pre-Testamentary Contracts
Commentaries on Testamentary and Pre-Testamentary Contracts
Chapter 3: Pallant v Morgan-Type Arrangements and Equity
Introduction
Pallant v Morgan -Type Arrangements and Equity
Alternative Enforcement of Pallant v Morgan –Type Arrangements by Proprietary Estoppel or Remedial Constructive Trust
Chapter 4: The Enforcement of Collateral Contracts
Introduction
The Concept of a Collateral Contract
The Enforcement of Collateral Contracts
Procedural Fairness
Chapter 5: Estoppel Principles
Introduction
Principle of Promissory Estoppel
Principle of Estoppel by Convention
PART II SETTING ASIDE CONTRACTS
Chapter 6: Doctrines of Common Mistake and Rectification
Introduction
Doctrines of Common Mistake
Rectifying Mistakes
Chapter 7: The Right to Rescind
Introduction
The Right to Rescind
Damages in Lieu of Rescission
Damages for Fraudulent Misrepresentation
Chapter 8: Presumptions of Undue Influence
Introduction
Presumptions of Undue Influence
Rebutting Presumptions
Laches
Duress
Chapter 9: The Morris and Gilligan Criteria
Introduction
The Morris Criteria and Principle of Non Est Factum
The Gilligan Criteria and Improvident Transactions
PART III: THE ENFORCEMENT OF DEBTS AND GUARANTEES BY SUMMARY JUDGMENT AND ARGUABLE DEFENCES
Chapter 10: Applications for Summary Judgment for Enforcement of Debts, Guarantees and Account Taken
Introduction
Particulars of a Debt in a Summary Summons
Applications for Summary Judgment
Grounding and Replying Affidavits
Applications for Account Taken
Chapter 11: Principles of Summary Judgment and Account Taken
Introduction
Principles of Summary Judgment
Principles of Account Taken
Chapter 12: Arguable Defences
Introduction
Principles of Summary Judgment Applicable to Arguable Defences
The Credibility of the Defence
Issues Raised in Arguable Defences
Cross-Claims
Substantiating Issues at Plenary Hearing
Chapter 13: Contracts with Banks
Introduction
Bank and Customer Relationships
A Bank’s Duty to Make Enquiries
Arguable Defences by Bank Customers
An Arguable Defence Based on the Superimposition of a Constructive Trust on a Bank’s Duty to Enquire
PART IV: DISCOVERY OF DOCUMENTS, DELIVERY OF INTERROGATORIES, INJUNCTIONS AND COSTS
Chapter 14: Discovery of Documents
Introduction
Rules and Affidavit of Discovery of Documents
The Clarke Principles of Discovery
Chapter 15: Delivery of Interrogatories and Privileged Communications
Introduction
Delivery of Interrogatories
Privileged Communications
Chapter 16: Injunctions
Introduction
Interlocutory and Mandatory Interlocutory Injunctions
Adequacy of Damages
Undertaking as to Damages
Mareva Injunctions
Chapter 17: The Costs of Proceedings
Introduction
Costs of the Entire Proceedings
Principles of Costs of Entire Proceedings
Chapter 18: The Costs of Interlocutory Applications
Introduction
Costs of Interlocutory Applications
Principles of Costs of Interlocutory Applications