Legal Fictions |
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Page 36
... Lord Mansfield propounded was a great instrument to prevent unjust enrichment . Though Lord Mansfield claimed quasi - contract as an essentially equitable institution , an analysis of the ingredients of the concepts yields the ...
... Lord Mansfield propounded was a great instrument to prevent unjust enrichment . Though Lord Mansfield claimed quasi - contract as an essentially equitable institution , an analysis of the ingredients of the concepts yields the ...
Page 49
... Lord Russell denied the right to the finder and distinguished Bridge's case by remarking that the notes in that case were dropped in the public part of the shop . Thus Lord Russell turned the rule in Bridge's case into an exception and ...
... Lord Russell denied the right to the finder and distinguished Bridge's case by remarking that the notes in that case were dropped in the public part of the shop . Thus Lord Russell turned the rule in Bridge's case into an exception and ...
Page 57
... Lord Hardwicke suggested the machinery of the trust to aid third parties , he invented a fiction fraught with great possibilities , said Tomlinson v . Gill34 , ' Lord Wright , however said , that the trust is a " cumbrous fiction " '35 ...
... Lord Hardwicke suggested the machinery of the trust to aid third parties , he invented a fiction fraught with great possibilities , said Tomlinson v . Gill34 , ' Lord Wright , however said , that the trust is a " cumbrous fiction " '35 ...
Contents
Introduction | 1 |
Alienation | 28 |
Equity and Legal fictions | 34 |
Copyright | |
11 other sections not shown
Common terms and phrases
according action actual adoption allowed analogy applied assumed assumption authority become called child civil civil death common law conceal conclusive constructive contract corporation courts created death decision deemed defendant doctrine effect employed enactments England English entities equity established example existing express extended fact false fictitious function give Hindu law historical husband implied important Indian instance intention interpretation introduced judge judicial Jurisprudence juristic justice lawyers legal concepts legal fictions legal person legal rule legal system legislation limited Lord matter means nature needs object obligations observed offences operation original parties possession practical presumption principle reality reason recognised reference regarded relation remarks represent result Roman law rule situation Smritis social society statute theory things thought tion tort treated true trust truth unjust enrichment wife writers Yajnavalkya