Treatise on the Specific Performance of Contracts

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Description
The last edition was edited by the late Mr. W. D. Rawlins, K.C., and was published in the year 1911. Since then the Author also has passed away, after a long life and many years of public service. Amongst lawyers he will be remembered not only as an eminent and learned judge but also, and perhaps even especially, as the author of this treatise. The book has long been recognised as one of high authority and the standard work on its subject; and I feel that the task of editing it is not a light one. I have not attempted to introduce any new subjects, but have endeavoured only to bring the book up to date. In so doing I have borne in mind the desirability of retaining as far as possible the language of the Author, and have embodied my work mainly in the notes. In his Preface to the First Edition the Author referred to the difficulty of deciding how much of the law on many questions ought to find place in a treatise such as this. The same difficulty has frequently presented itself to me; I have endeavoured to solve it on each occasion in the same way that he did, though I cannot hope that I have done so with the same success.
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Contents
Part I – The Jurisdiction
1.    The Origin and General Character of the Jurisdiction
2.    The Extent of the Jurisdiction
3.    Contracts with a Penal or Other Like Sum
Part II – Parties to the Action
1.    The General Rules
2.    Strangers to the Contract
3.    Death of a Party to the Contract
4.    Assignment of the Contract or the Property
5.    Liability of Some Companies for the Contracts of their Promoters
6.    Agency
Part III – Defences to the Action
1.    Incapacity to Contract
2.    Non-conclusion of the Contract
3.    Incompleteness of the Contract
4.    Uncertainty of the Contract
5.    Want of Fairness in the Contract
6.    Hardship of the Contract
7.    Inadequacy of the Consideration
8.    Want of Mutuality in the Contract
9.    Illegality of the Contract
10.  Contracts Ultra Vires
11.  Statutes of Frauds and Part Performance
12.  Formalities Required in Contracts by Corporations
13.  Mispresentation
14.  Fraud
15.  Mistake
16.  Incapacity of the Court to Perform Part of the Contract
17.  Defect in the Subject-Matter of the Contract
18.  Want to a Good Title
19.  Failure of the Consideration
20.  Default on the Part of the Plaintiff
21.  Acts in Contravention of the Contract
22.  Non-Performance of Conditions
23.  Incapacity of the Defendant to perform is Part of the Contract
24.  Rescission of the Contract
25.  Lapse of Time
Part IV – The Mode of Exercising the Jurisdiction
1.    Proceedings up to and Including Judgment
2.    Injunctions
3.    Writ of Ne exeat
4.    Relief After Judgment
Part V – Incidental Matters
1.    Conditions of Sale and Particulars
2.    Compensation
3.    Damages
4.    Reference of Title
5.    Interest, Rent, Deterioration, and Payment into Court
6.    The Deposit
Part VI – Some Contracts in Particular
1.    Contracts for the Sale of Shares
2.    Contracts Relating to Contingent Interests and Expectances
3.    Contracts for Partnerships
4.    Contracts for the Sale of Ships
5.    Contracts by Married Women
6.    Contracts for Separation Deeds
7.    Contracts to Compromise
8.    Awards
9.    Contracts to Refer to Arbitration
10.  Contracts not to apply to Parliament
11.  Contracts to Indemnify
Additional Note A
•    The Case of Bolten Partners V. Lambert
Additional Note B
•    French Law of specific performance
Additional Note C.
•    Cases illustrative of the early jurisdiction of Chancery in specific performance
Index
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Author Details
Sir Edward Fry
George Russell Northcote