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The Enforcement and Setting Aside of Contracts

The Enforcement and Setting Aside of Contracts

Author: Dr. Albert Keating
Publisher: Clarus Press
ISBN: 9781911611493
Published In: April 2021
Format: Paperback
Jurisdiction: Ireland ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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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

PART I: THE ENFORCEMENT OF CONTRACTS

Chapter 1: The Enforcement of Contracts by Specific Performance

Chapter 2: The Enforcement of Testamentary and Pre-Testamentary Contracts

Chapter 3: Pallant v Morgan-Type Arrangements and Equity

Chapter 4: The Enforcement of Collateral Contracts

PART II: SETTING ASIDE CONTRACTS

Chapter 6: Doctrines of Common Mistake and Rectification

Chapter 7: The Right to Rescind

Chapter 8: Presumptions of Undue Influence

Chapter 9: The Morris and Gilligan Criteria

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