Legal Fictions |
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Page 8
... equitable institution in the garb of common law form.2 22 Subscription contract , gratuitous promises afterwards acted upon , exe- cutory gifts interpreted as contracts - are not they the result of the interplay of fiction and equity .
... equitable institution in the garb of common law form.2 22 Subscription contract , gratuitous promises afterwards acted upon , exe- cutory gifts interpreted as contracts - are not they the result of the interplay of fiction and equity .
Page 34
V. K. Varadachari. CHAPTER II EQUITY AND LEGAL FICTIONS Equity is regarded as synonymous with justice . Equity ... fiction operated together in early stages . " When primitive law has once been embodied in a code " , wrote Maine , there ...
V. K. Varadachari. CHAPTER II EQUITY AND LEGAL FICTIONS Equity is regarded as synonymous with justice . Equity ... fiction operated together in early stages . " When primitive law has once been embodied in a code " , wrote Maine , there ...
Page 36
... fiction . Equitable construction of a statute is an artificial rule based on " presum- ed intention " which is a pure fiction . Lord Mansfield described the " equity of a statute " as synonymous to the meaning of the legislator . Dennis ...
... fiction . Equitable construction of a statute is an artificial rule based on " presum- ed intention " which is a pure fiction . Lord Mansfield described the " equity of a statute " as synonymous to the meaning of the legislator . Dennis ...
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